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North Carolina Employment Law Questions & Answers
1 Answer | Asked in Small Claims, Employment Law and Collections for North Carolina on
Q: Can I take legal action to receive the total compensation I should have been paid while working there?

While interviewing for a chain restaurant GM position mid Dec of 2019 I was asked what annual salary I would accept to leave where I was currently employed and work there. I asked for 65,000 and the district Mgr at that time who was interviewing me agreed, but he said they would need to start me at... Read more »

Kirton M. Madison
Kirton M. Madison answered on Jun 16, 2021

Yes. You can take action. You should hurry though because you are running up against the statute of limitations. You should be able to use the documentation and text messages that you already have in your possession. You may take the restaurant to small claims court for the difference in the amount... Read more »

1 Answer | Asked in Employment Law for North Carolina on
Q: How long can a previous employer legally expect payback for income that was accidentally overpaid during employment?

The amount overpaid was under $2,000. There is no contract stating the overpayment would be paid back.

Kirton M. Madison
Kirton M. Madison answered on Jun 7, 2021

First, it should be determined if the employee was actually overpaid. If there was an overpayment, the employer may ask them to return the money. If the employee refuses to return the money, the employer may take them to court to recover it.

1 Answer | Asked in Contracts and Employment Law for North Carolina on
Q: Can you get fired for wanting to be sent home after requesting payment that was never received?

I am a traveling worker & I was sent to work at a site. They have trouble paying people. So I told the site manager & regional manager that I haven't been paid. The site manager eventually quit so all I had was the regional one to deal with. He told me that he already paid me on a card... Read more »

Kirton M. Madison
Kirton M. Madison answered on Jun 2, 2021

You have a right to complain about unpaid wages but you may not be allowed to choose your worksite unless you have an employment contract that says otherwise. You can complain through your company's formal channels about the unpaid wages and the worksite's timekeeping issues. If that is... Read more »

1 Answer | Asked in Employment Law, Civil Rights and Employment Discrimination for North Carolina on
Q: Do I have the right to NOT answer the ? if I have had the covid vaccine to my employer?

I agreed to still wear a mask but was told if I don’t answer the assessment questions then I cannot work.

Can they discriminate against me for that?

Kirk Angel
Kirk Angel answered on May 22, 2021

You do not have to answer. However, the employer can terminate you for not answering.

2 Answers | Asked in Employment Law for North Carolina on
Q: Can an employer drop the pay for the hours you already worked to minimum wage if you quit without a two week notice
Kirk Angel
Kirk Angel answered on May 18, 2021

Your employer can reduce your pay at any time. However, it can only reduce it for future work. It is unlawful for your employer to reduce your pay for time already worked. You can file a wage complaint with the NC Department of Labor's Wage and Hour Division.

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1 Answer | Asked in Employment Law for North Carolina on
Q: My wife recently transferred to a new dept. She had mandatory training, if you missed more than 8 hours you would be..

terminated. She was hospitalized for a severe infection, missed a 6 days. They are now asking her to resign so she is rehirable in 60 days when a new job MAY be open. We are afraid she would be denied unemployment, if she resigns. They said they could also terminate with cause. Not sure the best... Read more »

Ina Shtukar
Ina Shtukar answered on Mar 11, 2021

Yes, if your wife resigns voluntarily, she will likely be denied unemployment benefits. Was her infection in any way connected to her employment? Is she able to work now? She could be entitled to workers' comp benefits. I am not clear why her employer is asking her to resign. This could give... Read more »

1 Answer | Asked in Criminal Law, Employment Law and Federal Crimes for North Carolina on
Q: I’m facing a larceny by employee class h larceny felony, I have no criminal record at all, was told there was video

However, I was never read my Miranda rights when first arrested and never was until I was in front of the judge for my very first ever court date... a day later. I’m not sure what to do as this is my first ever run in with the law.

Ina Shtukar
Ina Shtukar answered on Feb 24, 2021

You should retain a criminal defense attorney. He or she may be able to make all the difference. Do not face this alone! Once the case is resolved, you could probably expunge it. Good luck!

1 Answer | Asked in Employment Law for North Carolina on
Q: My employer cut my salary 10% due to moving from NV to NC, which have similar cost of living. Do I have any recourse?

I work remote and moved from Las Vegas, NV to Cary/Apex, NC to try to live a more green and active lifestyle while keeping *some* costs slightly down, however, cost of living is not that much different in both these areas, yet my employer cut my salary 10%. When I asked if they could provide more... Read more »

Ina Shtukar
Ina Shtukar answered on Feb 13, 2021

Do you have your employment contract handy? I would need to examine what was promised to you at the time you accepted employment. NC Wage and Hour Act may have been implicated, here if your employer failed to pay wages as promised.

1 Answer | Asked in Employment Discrimination and Employment Law for North Carolina on
Q: Can I sue for an employer giving me grief and writing me up due to school schedule issues caused by COVID?

I am being constantly harrassed by my employer due to the fact that I have kids, and the current school schedule has caused me to be late. I have also requested the same schedule that has been allowed for another employee, but was denied the same curtesy.

Ina Shtukar
Ina Shtukar answered on Feb 13, 2021

Are you a member of a protected class? Based on race, color, national origin, gender, age, or disability? If you are a female and your coworker is a male individual, you could have a potential claim for discrimination. Similarly, if you are an African American and your coworker is white, you may... Read more »

2 Answers | Asked in Employment Law for North Carolina on
Q: I sale cars at a lot owned by a huge dealership. I was given a raise last month, now they want to take it back.

I have worked there for 7 months. I have been a top employee since day 1. Last month they doubled my commission and gave it to me in writing. It was my top month for sales also. My commission ended up almost 10,000 dollars. Yesterday the owner came in with new paperwork saying they were taking away... Read more »

Kirk Angel
Kirk Angel answered on Feb 13, 2021

As to the commission change, the employer can change your compensation, including commission, at any time. However, the change cannot be retroactive. This means that if you earned commission under the new structure, you are entitled to the amount so earned. Even so, they can change the commission... Read more »

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2 Answers | Asked in Employment Law for North Carolina on
Q: Can a employer probibit coworkers from dating? And fire one or both of the employees if they do?
Ina Shtukar
Ina Shtukar answered on Feb 13, 2021

Unfortunately, dating is not a protected activity, so yes, your employer can terminate you based on that. In NC and many other states, employer may terminate employee for any reason or no reason at all as long as it does not violate any public policy. Dating does not implicate any public policy.

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1 Answer | Asked in Employment Discrimination and Employment Law for North Carolina on
Q: A mother of a child with special needs missed work to take her child to the hospital & was fired. Wrongful termination?

The child has special needs and had an accident at home. Mother was fired because she was taking care of her child's needs.

Kirk Angel
Kirk Angel answered on Dec 8, 2020

In general, it is not unlawful to terminate you for "taking care" of your child's needs. However, if you worked for an FMLA covered employer and were FMLA eligible, taking your child to the hospital could be covered by the FMLA. If it was, you may have a wrongful firing claim based on the FMLA.

1 Answer | Asked in Employment Law for North Carolina on
Q: I am a teacher that was given permission to teach remotely until June. Can my principal force me to come back in person

I have a letter from the district allowing me to teach remotely for the 20-21 school year. The principal sent a letter out today saying everyone that was given permission from the district must report to school on the 5th. My husband is high risk and the virus would probably kill him if... Read more »

Kirk Angel
Kirk Angel answered on Dec 6, 2020

Yes, you can be ordered back even if you were previously allowed to work at home. However, if your conditions are covered by the ADA, you would want to request work-from-home as a reasonable accommodation.

1 Answer | Asked in Employment Law and Employment Discrimination for North Carolina on
Q: I did FMLA leave 12wks I asked for more time was told no and if I don’t return it’s voluntary resigning, is this legal?

I’m a single mom of two children out of school. Once my FMLA is over I asked for more time off unpaid. I do not want to resign but my job said if I don’t report on Monday it’ll be considered a voluntary resignation. Can they force me to resign. What should I say to them if forcing me to... Read more »

Kirk Angel
Kirk Angel answered on Dec 6, 2020

FMLA is for 12 weeks only unless you are caring for an injured service member. No other law in North Carolina guarantees leave as such if you are unable to return to work after 12 weeks of FMLA, it is lawful to terminate you with limited exceptions. They cannot force you to resign, but they can... Read more »

1 Answer | Asked in Employment Law for North Carolina on
Q: Should I allow a hearing to be recorded after being terminated from my job? The Town attorney will be present.
Kirk Angel
Kirk Angel answered on Dec 6, 2020

Hard question to answer without a lot more facts and weighing of options. However, in general, having a record of what transpired is usually a positive thing.

1 Answer | Asked in Contracts, Employment Law, Civil Litigation and Intellectual Property for North Carolina on
Q: I was promised in writing equity for part of my comp. I was fired for no reason due to owner and outside persons action

Essentially I was promised the same type of equity the owner had as part of my total compensation. This is in writing through emails and recorded conversations. The owner was looking at an outside person for advice on many situations, whereby this outsider told me to take action contrary to the... Read more »

Kirk Angel
Kirk Angel answered on Dec 6, 2020

It depends. The primary issue will be what does the written document say about the "equity" and the effect your termination has on it. You should consult with an employment attorney as soon as possible.

1 Answer | Asked in Employment Law for North Carolina on
Q: If I work for a company like skyes work from home customer service job. Could I pay someone to do my job for me?

Is it illegal?

Ben Corcoran
Ben Corcoran answered on Dec 2, 2020

Highly likely that this would be against your employment contract, but without reading that I couldn't give an opinion on whether or not this may be allowed. I would suggest against it though as I strongly suspect that this would be a breach of your employment contract.

1 Answer | Asked in Employment Law for North Carolina on
Q: Is this discrimination?

Hello.

I applied for a job, went for the interview, and got hired. At the interview, I paid $25 for a drug test & background check (which I passed). I came in the next week for job training. It was a 7 hour training & I have ADHD so I was fidgeting and moving around. I passed all... Read more »

Carrie Dyer
Carrie Dyer answered on Nov 11, 2020

It does not sound like your employer knew about your ADHD until after they informed you that you would no longer be hired for the position. An employer cannot discriminate against you on the basis of a disability they are not aware of at the time the adverse decision is made. Based on the... Read more »

1 Answer | Asked in Employment Law for North Carolina on
Q: My husband and I work for a gym where we both signed a non compete for 2 years upon getting hired. It is an

independently owned franchise and the owner is selling to a new owner. Can the new owner enforce the non compete?

Kirk Angel
Kirk Angel answered on Oct 29, 2020

More than likely. However, you should get it reviewed by an attorney.

1 Answer | Asked in Employment Law for North Carolina on
Q: If i get tested for corona and told to stay home by the doctor for quarantine does my company have to pay me
Kyle Anderson
Kyle Anderson answered on Oct 8, 2020

Hi, more info is needed here. The paid sick leave and expanded family and medical leave provisions of the FFCRA apply to certain public employers, and private employers with fewer than 500 employees. If your employer is covered (i.e., have less than 500 employees), you may be eligible for two weeks... Read more »

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