Get free answers to your Employment Law legal questions from lawyers in your area.
I did not sign documentation agreeing to any certain terms with the stipend, yet my employer is claiming since I am not remaining employed for 2 years post-training I will have to repay the stipend amount. I have recently put in my 1 month notice to end employment. She is threatening to sue me for... View More 
answered on Dec 16, 2024
In NC, your employee agreement, if there is one in place, will usually dictate whether you must repay the stipend to your employer. If the contract is silent on this matter, be sure the agreement does not incorporate an employee handbook or another document that informs employees of their... View More
I am a social worker in hospital. Asked for a modified schedule from m-f to four ten hour shifts. My department had refused to do this nor have they tried to discuss any other options. They only state they do not have a position with those hours available right now. I have made several suggestions... View More
answered on Nov 6, 2024
Was your request for a modified schedule based on a medical condition? Did you provide supporting documentation for this request from your medical provider? If so, the hospital's refusal to entertain your request or discuss alternative accommodations could be a violation of the Americans with... View More
Earlier this year I signed a contract containing a non-compete as a 1099 worker. The job is not working out due to not receiving adequate referrals from the company to financially sustain my responsibilities and livelihood. I am seeking employment elsewhere and am trying to figure out if it’s... View More
answered on Oct 8, 2024
You have identified at least 2 important issues. First, you may or may not have been properly classified. Second, your non-compete may or may not be enforceable. To some degree, the second might depend on the first. Many non-competes are not enforceable in North Carolina because they are not... View More
They won't fire employees for not signing but if we don't sign they will still give us a non-signature agreement. Most employees do not agree with these forms we are being forced to sign because too much bad happens in this company.
answered on Jul 1, 2024
A North Carolina attorney could advise best, but your question remains open for a week. Until you are able to speak with an experienced employment attorney, such agreements are often "take it or leave it." It could depend on the industry, but in the maritime industry and a few other... View More
I have been denied vacation time 2x. Other employees are receiving their vacation time . I reported being singled out and said I was filing a complaint. That I no longer wished to be under my current supervisors. They moved me to another correctional facility under what feels like retaliation.
answered on Jun 20, 2024
Yes, as a member of the National Guard or a veteran, you are protected under Equal Employment Opportunity (EEO) laws. Two key federal laws provide these protections:
The Uniformed Services Employment and Reemployment Rights Act (USERRA):
USERRA prohibits civilian employers from... View More
The company I work at has been struggling financially for the past few years and went into receivership a few weeks ago. It is likely to be sold as 2-3 smaller companies.
Because of these issues, clients have canceled more than $1.25M in orders, causing me to loose $80,000 in commissions... View More
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answered on Apr 20, 2024
You can indeed file a claim for the lost commissions as a creditor in the receivership process. When a company goes into receivership, the receiver's role is to manage the company's assets and debts, which includes assessing claims from creditors, including employees who have lost income... View More
I was recently let go from my job/Non-profit organization as director of operations. I had been with organization for 27 years. The company has a 3-strike system, first offense is a verbal warning, the second offense is a written warning, and the third they can terminate you. In the 27 years that I... View More
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answered on Mar 4, 2024
In North Carolina, employment is generally considered "at will," meaning an employer can terminate an employee at any time for any reason, except for illegal reasons such as discrimination or retaliation. However, if your termination violated the organization's own established... View More
I also have recordings of them saying they are going to save the hardest jobs for this employee
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answered on Feb 15, 2024
In North Carolina, recording conversations without the consent of at least one party involved is generally legal, as it is a one-party consent state. This means if you are a party to the conversation, you can legally record it without the other party's consent. However, recording conversations... View More
For example, Washington state limits the amount able to be recouped to 8 weeks prior to the date of notifying the employee. That 8 weeks overpayment can then be recouped anytime in a period of up to 6 years, but still only for 8 weeks of overpayment prior to the date of notifying the employee of... View More
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answered on Feb 6, 2024
In North Carolina, unlike some states like Washington that have specific statutes limiting the timeframe for reclaiming overpaid wages, there isn't a clear-cut law specifying the exact period an employer can go back to reclaim overpaid wages from an employee. Generally, the principle of unjust... View More
I am a manager who was out this week sick and one of my employees has an unsavory relationship with father- not legal issues, just typical disconnects that have progressed to her avoiding contact with them altogether. He went to her boyfriends house, where her boyfriends father told him where she... View More
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answered on Dec 28, 2023
In situations where a person shows up at a workplace asking about another individual, employees typically have the discretion to provide information or decline to do so. However, there are legal and ethical considerations to keep in mind.
In general, employees should be cautious about... View More
I am a manager who was out this week sick and one of my employees has an unsavory relationship with father- not legal issues, just typical disconnects that have progressed to her avoiding contact with them altogether. He went to her boyfriends house, where her boyfriends father told him where she... View More
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answered on Dec 29, 2023
In this situation, while there may not be a clear legal issue with your employees telling someone that a coworker does not work there, it does raise concerns about workplace policies and privacy. There are no specific laws in North Carolina that directly address this scenario, especially since it... View More
answered on Dec 15, 2023
North Carolina is an "at-will" state. This means that, generally, either an employer or an employee can terminate an employment relationship at any time and for any reason (so long as the reason does not violate the agreement between the parties and is not otherwise unlawful). It also... View More
answered on Dec 5, 2023
HIPAA applies to certain "covered" entities. Covered entities typically operate in the medical field or support other entities that operate in the medical field. But unless an employer is a covered entity, HIPAA doesn't apply. Also, when a covered entity violates HIPAA, it... View More
What is considered employee retaliation? If employee didn't show up for work one day deliberately so, does employer have to pay out for that day?
answered on Oct 15, 2024
In North Carolina, the employer must provide the final paycheck on or before the next regular payday.
You will need to provide more information about the employee who did not show up for work one day.
Is this a salaried employee who worked remotely or worked a partial day?... View More
2. Is temporary full-time for 9 months and is not sponsoring me for H1B.
Can I join both and work for 2 40 hours? If yes, Will it affect h1b, if I get picked in the lottery? Both are e-verified and willing to fill training plan(i983 form).
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answered on Oct 9, 2024
Yes, you can take on both job offers while on STEM OPT, provided each position meets the OPT requirements. Both employers must be enrolled in E-Verify and you need to complete a separate Form I-983 training plan for each role. Ensure that both jobs are directly related to your field of study.... View More
They are making us come in later then our normal schedule is to make up for that hour we spent in the meeting. Dont want overtime
answered on Sep 22, 2024
Your employer can adjust your schedule unless you have a contract stating otherwise. It appears your employer is paying you for all hours worked. Therefore, your employer's conduct is lawful.
What are the requirements for not receiveing overtime.
answered on Sep 20, 2024
A position must meet certain requirements to qualify as exempt from overtime. A salary test is the first requirement. Currently, a job must pay a minimum salary of at least $43,888 per year to qualify for an exemption from overtime. This amount will increase to $58,656 on January 1, 2025.... View More
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answered on Aug 31, 2024
Finding an attorney to help you finish your lawsuit while facing homelessness can be challenging, but there are resources available that may assist you. Start by reaching out to legal aid organizations in your area. These organizations often provide free or low-cost legal services to those who are... View More
I applied for insurance through my employer within the allotted deadline. I was a full-time regular employee and had been paying the premiums out of my paycheck for two months. No membership card arrived in the mail. After calling the insurance company, I discovered that no plan exists associated... View More
answered on Apr 29, 2024
A North Carolina employment law attorney could advise best. If exclusion from the policy was an oversight, you'd need to give them a chance to correct. If it was deliberate misconduct, a local attorney could advise on possible remedies. Good luck
If I no longer need an accommodation, could I have my job back?
answered on Nov 16, 2023
Your employer may request that you and your medical provider complete an accommodation request form.
However, your question is a bit confusing and raises a lot of follow up questions. The purpose of an accommodation is to allow you to perform the essential functions of your job. You should... View More
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