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North Carolina Employment Discrimination Questions & Answers
1 Answer | Asked in Workers' Compensation and Employment Discrimination for North Carolina on
Q: My former boss is trying to make me pay for being taken back to my car when I quit

My former employer is telling me I have to pay for the gas, time and usage of a company truck to take me to my car because I quit on a job site

Ina Shtukar
Ina Shtukar answered on Mar 25, 2021

This is not a workers' comp question, but employment law instead. The answer will depend on the arrangement you had with your employer in regard to the use of the company vehicle. Were you given a company vehicle to drive? Did you also get a gas card? Were you allowed to take the vehicle to... Read more »

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 »

1 Answer | Asked in Employment Discrimination and Sexual Harassment for North Carolina on
Q: Can i report harassment for someone else if theyre afraid or ignored after they complained and got fired for complaining

my girlfriend was just fired after she had complained to her district manager about her general manager harassing her. So i wrote an email to the owner but hes refusing to talk to me or investigate and wants to talk to her but she already made an attempt to talk to the district manager. Doesnt he... Read more »

Kirk Angel
Kirk Angel answered on Dec 12, 2020

Sure you can. But your girlfriend needs to consult with an employment attorney immediately.

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 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 Bankruptcy and Employment Discrimination for North Carolina on
Q: Employment/Retaliation Lawsuit

I was let go from my job in 8/2019 due to retaliation. In 11/2019 I filed a complaint with the EEOC but it was dismissed due to it being out of their scope, the company was too small. Long story short the company I worked for had filed Chapter 11 bankruptcy which is still in process. Prior to being... Read more »

David Luther Woodward
David Luther Woodward answered on Oct 14, 2020

The best thing you can do at this time is to consult a bankruptcy lawyer that has no relationship to the pending matter.

This is too convoluted and involved to address in a Q&A column like this.

Good luck

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Q: twice in 2020 my company forced me to quarantine for 14 days (28 total) without pay. this was in a 4.5 month span.

because of this I have left the company to find a better fit for me and I want to know if I can sue them for the lack of pay as it caused me to surrender a vehicle in my name and lose major credit score points?

Kyle Anderson
Kyle Anderson answered on Aug 27, 2020

More information is required to fully analyze your claim. If you needed to quarantine because you came into contact with covid-19 or needed time off to care for a child whose school or daycare shut down for reasons related to covid-19, and your employer has less than 500 employees, you may be... Read more »

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Q: twice in 2020 my company forced me to quarantine for 14 days (28 total) without pay. this was in a 4.5 month span.

because of this I have left the company to find a better fit for me and I want to know if I can sue them for the lack of pay as it caused me to surrender a vehicle in my name and lose major credit score points?

Kyle Anderson
Kyle Anderson answered on Aug 27, 2020

More information is required to fully analyze your claim. If you needed to quarantine because you came into contact with covid-19 or needed time off to care for a child whose school or daycare shut down for reasons related to covid-19, and your employer has less than 500 employees, you may be... Read more »

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1 Answer | Asked in Employment Discrimination for North Carolina on
Q: Hi my dad is special needs and he worked for this place for 15 yrs and they only paid him 7.25 the whole time can we sue

I mean he serve special needs he don’t read or write only his name alittle not only did he work there for 15 yrs the fired him for eating a piece of ham he didn’t pay for but honestly I feel it was paid in full by never having a raise and it’s not a mom and pop restaurant it’s k and w there... Read more »

Kirk Angel
Kirk Angel answered on Jun 4, 2020

Unfortunately, minimum wage is currently $7.25 per hour and the law does not require pay increases except when the minimum wage increases. Now, if they did not pay him for all hours worked or did not pay him for overtime worked, he still might have a claim.

Q: If a respondent objects to answering interrogatories on grounds of broad, burdensome, how can I respond to get the info?

95% of my requests were responded this way. I am pro se in arbitration in a labor case on issues of discrimination, retaliation, and constructive discharge. I have no money for an attorney.

Kirk Angel
Kirk Angel answered on Apr 26, 2020

Send a letter to the other party's attorney telling them you need the answer within a certain period for example 10 days or two weeks of the date of your letter to them. Offer to talk about the information and why you need it. See if you can work out a deal to get all the information or your... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for North Carolina on
Q: I was off the schedule to work and they tried calling me into work, they are threatening to fire me if I don’t come in..

Is this legal?

Kirk Angel
Kirk Angel answered on Sep 25, 2019

Yes, they can fire you if you do not come in. You would not have a legal claim unless you were out due to something like jury duty, military service or FMLA.

1 Answer | Asked in Employment Law and Employment Discrimination for North Carolina on
Q: Hello, is it against the law for a manager to ask and have a discussion about my medications with my coworkers?

I was out from work for 2 days because of my panic attacks. Today is the third day and my coworker just told me that my manager was asking him about my medications and in front of my coworker while I am not there. I am so embarrassed and upset that my manager is asking my coworker about my... Read more »

Kirk Angel
Kirk Angel answered on May 23, 2019

In this scenario, most like this is not unlawful. Employers with 15 or more employees are required to keep employee medical information once they receive such information from the employee or a third party on the employee's behalf (a doctor for example). However, asking about your medications... Read more »

Q: I have separated from my fiance. He is now harassing me and my friends. Can I get a restraining order?

He also is unwilling to give me the money owed me according to our business contract and he also is not allowing me access to get the rest of my things from his home. What should I do?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 23, 2019

If the facts are as bad as you say, you can get a restraining order--and an order allowing you to get your things. But if you do owe him any money, you might see a lawsuit soon.

2 Answers | Asked in Employment Discrimination and Employment Law for North Carolina on
Q: I am bullied daily at work. complained but no results. I have had severe emotional stress/suicidal thoughts. Can I sue?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 19, 2019

If you feel you are being discriminated against at work you should either contact the federal Equal Employment Opportunity Commission in Washington DC or contact the corresponding state agency in South Carolina that also handles these claims.

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1 Answer | Asked in Employment Discrimination and Employment Law for North Carolina on
Q: Hi, I started working at a IGA store in my town where I noticed I was being underpaid the agreed wage rate.

I'm headed in for a meeting with the store manager later in the day, though my fear is that my request for being paid my lost wages and switching all my hours for the lower wage to the vastly superior wage. I'm an hourly worker and I have a few coworkers with a similar problem.

Kirk Angel
Kirk Angel answered on Apr 14, 2019

If the employer is not paying you a promised wage, you can file a complaint for free with the North Carolina Department of Labor's Wage and Hour Bureau. Search online and their website will give you information on filing via phone.

1 Answer | Asked in Employment Discrimination and Employment Law for North Carolina on
Q: I am paid on salary. If my boss asks me to stay longer than my shift to train without pay. If I left, could he fire me?

My boss says the training is required, but it was not in my contract.

Kirk Angel
Kirk Angel answered on Feb 13, 2019

Yes, he can lawfully fire you for leaving. In fact, whether you are paid hourly or salary, non-exempt or exempt, you can be fired for leaving if your employer expects or demands that you stay beyond your shift.

You mentioned a contract. If it is actually an enforceable employment contract,...
Read more »

1 Answer | Asked in Employment Law and Employment Discrimination for North Carolina on
Q: I have a friend that's a manager an gets paid salery.. can they suspend him indefinatly without pay for getting arrested
Kirk Angel
Kirk Angel answered on Jan 14, 2019

Yes. North Carolina is an employment-at-wills state where an employer can take any action it wants against an employee for good reason, bad reason or no reason at all. As such, your friend's employer can suspend him at any time for any reason. Also, If your friend is not working, the... Read more »

1 Answer | Asked in Employment Law and Employment Discrimination for North Carolina on
Q: Can a religious nonprofit that receives federal aid choose to not hire me because of a hearing disability?

They say they are an equal opportunity employer, but do not want to hire me because of hearing loss.

Kirk Angel
Kirk Angel answered on Nov 23, 2018

The employer may be able to based on a US Supreme Court case that expanded the "ministerial" exemption in employment law. It is a complex issue that you will need to consult directly with an experienced employment attorney about to get a specific answer.

1 Answer | Asked in Elder Law and Employment Discrimination for North Carolina on
Q: My 59 year old father recently lost his job.

The majority of his coworkers were decades younger, and he suspects he was ousted due to his age. How can he prove that?

Kirk Angel
Kirk Angel answered on Nov 4, 2018

Very complex question with no easy or simple answer. If he believes he was terminated due to age, he will need to file with the EEOC. However, it is very important for him to consult with an experienced employment attorney.

1 Answer | Asked in Employment Discrimination and Employment Law for North Carolina on
Q: Could this be an example of unequal pay?

My male coworker is paid $17k more than me per year. I know because he left his paystub up on his computer screen, when he asked me to help him with something at this desk. We have the same exact job responsibilities. This person only has a couple more years of industry experience than myself and... Read more »

Kirk Angel
Kirk Angel answered on Sep 6, 2018

Paying a male more than a female may be a violation of Title VII of the Civil Rights Act which prohibits discrimination on the basis of sex and/or the Equal Pay Act which requires employers to pay females the same as males for the same work. However, there are a number of defenses possible under... Read more »

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