North Carolina Employment Discrimination Questions & Answers
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 »
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 is... 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?
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.
Q: I am bullied daily at work. complained but no results. I have had severe emotional stress/suicidal thoughts. Can I sue?
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.
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.
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.
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.
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 »
Q: I have a friend that's a manager an gets paid salery.. can they suspend him indefinatly without pay for getting arrested
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 employer is... Read more »
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.
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.
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?
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.
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 »
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 »
Q: can I force an exempt employee to take a week furlough with no pay if he’s the only one that will be off of work?
In general, under our Wage and Hour law, an employer is not required to pay an exempt employee's salary for any whole day the employee is absent from work for any reason. This is in general, so I recommend you consult with an experienced employer side attorney.
Q: injured at work pushing wheelchairs and am now in a medical boot. I was told I can’t Return to whiling wearing boot
If you have to have the boot you should be eligible for workers compensation. If they give you a problem contact a member of the NC Assn for Justice who handles workers comp. They give free consults.
Q: Can you be layed off from work a couple days after coming back from a workers comp ingury?
Yes, you can be laid off or fired at any time for any reason. However, you may have a legal claim in certain circumstances. For example, if you are fired solely because you reported or filed a workers comp claim, if you were fired because you took FMLA time off work to deal with the on-the-job... Read more »
Q: My employer keeps asking me to quit because he said i was a health risk and isnt paying me right. Do I have a case?
they have messed up my paycheck since i started i get paid 15 hrly but one paycheck says 14.99 and its like they are not trying to pay me the overtime im owed, ive been going to the doctor for a medical reason regarding me working for the employer but he sees me as a health risk and he wants me to... Read more »
If your employer is not paying you the promised wage, and has not notified you in writing that the promised wage changed, then you can file a claim for the unpaid portion. In this case it appears that would be one cent.
In general, just talking to you about resigning or even encouraging you... Read more »
Q: Can I sue my place of employment for retaliation and discrimination?
Hello,
My boss and I got into a heated disagreement. Afterwords I told my co-worker I needed to leave because I was so upset . The next day I reached out to another co-worker to cover my shift which is protocol when we know we'll be calling out. The next day my boss sends me an e-mail... Read more »
If you did not resign, I would not "hand in a resignation." However, your employer has the right to just fire you instead. This may be retaliation, but it would not be unlawful retaliation for which you can file an employment claim. As for the discrimination, if you have lost your job because you... Read more »
Q: When it comes to an eeoc investigation and or lawsuit matters, can the surveillance footage of the building be used?
I documented date and time of employee discrimination incidents because I know it is being recorded. It is the security surveillance of the building. It's recorded daily. Give them date and time, they can pull it up.
You may be able to use the video if you have it. If you have an EEOC proceeding, let the investigator know you have the vide and offer to submit it to him/her. As for court, you would have to demonstrate several things to the Judge including that the video is what it purports to be (i.e. is the... Read more »
Q: Can I be terminated from a job bc the boss says a ALE officer says I can't if I'm a server and I bring alcohol to table
Bc I'm on parole
Yes. North Carolina is an employment-at-will state where you can be fired for good reason, bad reason or no reason at all. It does not matter whether the ALE officer says you can bring the alcohol or not as your employer can fire you either way.
Q: What rights do I have being sent home from work due to a doctor's note, yet I am still able to perform many job duties?
I am an employee in NC who has injured a toe and have received a doctor's note to "avoid prolonged periods of standing" at work for 1 week. My employer has told me I cannot come into work all week because of this, even though many of my job duties include working at a desk where no standing is... Read more »
Employers in this state are not required to honor doctor's notes or change, modify or remove any job duty due to a health/medical condition unless same is covered by the FMLA or the ADA. It is hard to tell if your situation is covered by either law from these facts, but my guess is that it is not.
Q: NC Labor Laws and Employer
If you have provided medical accommodations information regarding your bathroom breaks can a job request that you make up time
North Carolina has no law that applies to this situation and only the federal Americans With Disabilities Act applies. In short, yes they can request you make up the time.
Q: Can an employer deny my doctor's request for limited hours?
HR and Employee Relations have had to intervene on my behalf back in Dec and Jan due to my boss retaliating against me by giving me additional work not given to the rest of the team. It's a long story, but eventually my stressful work environment took it's toll and I had an anxiety attack... Read more »
In general, yes your employer can deny the doctor's request. If you are covered by the Americans With Disabilities Act, the employer has a duty to consider reasonable accommodations for your condition (with or without a doctor's note). The decision on whether the employer has a duty to grant an... Read more »
Q: Is it legal to fill a laid off position in NC with a male counterpart of approximately the same age into the same job?
Recently dismissed from a company after 15 years without incident or cause. I am a mid 40s, white female. Was told "the brand is moving in a different direction." And yet, the current supervisor (white male) filled the same position with one of MY former employees (white male).
Yes, unless the reason the male was placed in your former position due to sex. If you allege that it is due to sex, you will need sufficient evidence to prove sex was the reason. You have 180 days from the incident of alleged discrimination to file a charge with the EEOC.
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