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North Carolina Employment Discrimination Questions & Answers
1 Answer | Asked in Employment Law and Employment Discrimination for North Carolina on
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.

Kirk Angel
Kirk Angel
answered on Jun 19, 2018

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... View More

1 Answer | Asked in Employment Discrimination for North Carolina on
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

Kirk Angel
Kirk Angel
answered on Jun 3, 2018

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.

1 Answer | Asked in Employment Law and Employment Discrimination for North Carolina on
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... View More

Kirk Angel
Kirk Angel
answered on May 28, 2018

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.

1 Answer | Asked in Employment Discrimination and Employment Law for North Carolina on
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

Kirk Angel
Kirk Angel
answered on May 28, 2018

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.

1 Answer | Asked in Employment Law and Employment Discrimination for North Carolina on
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... View More

Kirk Angel
Kirk Angel
answered on Mar 8, 2018

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... View More

1 Answer | Asked in Employment Law and Employment Discrimination for North Carolina on
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).

Kirk Angel
Kirk Angel
answered on Mar 1, 2018

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.

1 Answer | Asked in Employment Discrimination and Employment Law for North Carolina on
Q: Is it against the law for an employer to tell other employees that that are not managers about your medical information
Kirk Angel
Kirk Angel
answered on Feb 4, 2018

If your employer has 15 or more employees, it is covered by the Americans With Disabilities Act. The ADA requires employers to keep employee health and medical information confidential. Such information can only be shared with folks who need to know. You can get more information from the US... View More

1 Answer | Asked in Employment Discrimination and Employment Law for North Carolina on
Q: Does refusing an employee light/modified duty, then allowing another employee to perform light duty qualify as..Cont

discrimination? I work in healthcare. Myself and the HR person was told by my manager, light duty was reserved for employees injured on the job. I had surgery in October and remained on short term disability for 6 weeks which created a hardship for my family. But the manager allowed another... View More

Kirk Angel
Kirk Angel
answered on Jan 17, 2018

Not automatically, but it does suggest unlawful discrimination. I recommend consulting with an experienced employment attorney to help you determine whether it was unlawful discrimination and to discuss your options moving forward.

1 Answer | Asked in Employment Law and Employment Discrimination for North Carolina on
Q: My boss during a training conference said a couple of racist and discriminatory comments

I felt really uncomfortable but did not say anything. Comments where not for me. What are the steps I should take to report this behavior. What are my options?

Kirk Angel
Kirk Angel
answered on Jan 13, 2018

Not really sure what options you have. I recommend looking at your employee handbook and/or speaking to HR.

However, racist or discriminatory comments on one occasion are not, by themselves, unlawful. To be unlawful harassment, the comments would have to be repeated on multiple occasions...
View More

1 Answer | Asked in Employment Law and Employment Discrimination for North Carolina on
Q: I was terminated from my job for looking at my cell phone outside of the building.

They have a no phone policy inside the building but I was outside also 2 other employees got into trouble for their phones but they didn't get any consequences, also we had a big snow and they wouldn't let us go home I called them and told them at lunch the roads we're bad and they... View More

Kirk Angel
Kirk Angel
answered on Dec 30, 2017

This is an at-will employment state where an employee can be fired for any reason even if it is unfair. You may be able to sue for wrongful firing if you can show that unlawful discrimination or unlawful retaliation were the "real" motive for your firing. You mentioned that others were... View More

1 Answer | Asked in Employment Law and Employment Discrimination for North Carolina on
Q: My HR case got brushed under the rug and had 0 confidentiality now the attacker is retaliating, what do I do?
Kirk Angel
Kirk Angel
answered on Dec 23, 2017

This is a tough question to answer. Let me give you the "legal" side, in overview, and then you can weigh that against your own personal "practical" side. First, there is no need for HR to take your complaint, case or situation seriously unless there is a legal reason to.... View More

1 Answer | Asked in Employment Law and Employment Discrimination for North Carolina on
Q: Can I sue for wrongful disability termination if I didn't disclose the specific disability to my employer?

My disability didn't prevent me from completing work, and I was let go for reasons besides inability to complete work, though my disability may have contributed to actions that led to being let go.

Kirk Angel
Kirk Angel
answered on Dec 14, 2017

It is hard to say without consulting with you as many more facts are needed which would also bring more questions. In general, you do not have to identify the exact disability. However, you will need to have identified enough about the disability for the employer to have determined it was a... View More

1 Answer | Asked in Employment Discrimination, Employment Law and Libel & Slander for North Carolina on
Q: I was wanting to know if an employer can treat you badly and if something goes wrong blame you and not let you know.

The situation I am referring to is I was a temp through the resource and I worked with Jockey, A pallet I had partials on was put with other pallets that should have never been moved and my supervisor came to me told me to check my count and case tags. She went on vacation and it went down hill... View More

Kirk Angel
Kirk Angel
answered on Aug 14, 2017

This is an employment-at-will state which means you can be fired (or treated poorly) for any reason and there is no liability for the employer unless there is an unlawful motive for the action taken against you. There are generally only two forms of unlawful motives: unlawful discrimination or... View More

1 Answer | Asked in Employment Discrimination for North Carolina on
Q: It's wrong; but is it illegal?

I've been harassed throughout the school year. My new boss said I had an "agenda" because I sent two African Americans to detention repeatedly. She created chaos, promising no consequences to students & not allowing me to send students out, among other things. Four days after I... View More

Kirk Angel
Kirk Angel
answered on May 30, 2017

This is an employment-at-will state which means you can be fired for any reason and there is no liability for the employer unless there is an unlawful motive for the action taken against you. There are generally only two forms of unlawful motives: unlawful discrimination or unlawful retaliation.... View More

1 Answer | Asked in Employment Discrimination and Employment Law for North Carolina on
Q: I was going 2 resign due 2 wage & hr dispute. Boss asked me 2 stay we talked. He now is taking my hrs. Is this right?

I have texts msgs. Our OT is paid in cash so not on books and is not time and 1/2... I was hired for Monday thru Friday but initially for 2 months worked every weekend. I put in notice but we talked and I agreed to stay on per his request. Now through another employee he has promised her my shift.... View More

Kirk Angel
Kirk Angel
answered on May 23, 2017

There is not enough information in this post to give you detailed advice. Really, you need to consult with an experienced employment attorney for such advice. Even so, under both state and federal law, an employer must pay you overtime for all hour worked over 40 in a workweek. This assumes that... View More

1 Answer | Asked in Employment Discrimination and Employment Law for North Carolina on
Q: Can you sue for being unlawfully terminated
Kirk Angel
Kirk Angel
answered on May 18, 2017

This is an employment-at-will state which means you can be terminated for any reason and there is no liability for the employer unless there is an unlawful motive for the termination. There are generally only two forms of unlawful motives: unlawful discrimination or unlawful retaliation.... View More

1 Answer | Asked in Employment Law and Employment Discrimination for North Carolina on
Q: Did my employer discriminate against me because I'm pregnant?

I think my employer discriminated against me because I'm pregnant. I had told my employer since I started almost 2 years ago that I wanted to become a manager one day. She fully supported this and I climbed the ladder to an assistant manager within a year. Finally an opportunity came for a... View More

Kirk Angel
Kirk Angel
answered on May 17, 2017

If your employer has at least 15 employees, then yes it appears the Pregnancy Discrimination Act has been violated. The attorneys on here are prohibited from soliciting you to retain them, but if your employer has at least 15 employees you should contact an experienced employment attorney... View More

1 Answer | Asked in Employment Law, Workers' Compensation and Employment Discrimination for North Carolina on
Q: I work at the hospital And they haven't been paying me the right amount of money it's supposed to be for 2 and a half...

Years. When I told my manager she said, she did not know and it was an mistake, and changed it. Shouldn't I be getting back pay.

Kirk Angel
Kirk Angel
answered on May 9, 2017

It depends on the situation. However, if you have a written pay plan or promise of specific wages and the employer did not pay that amount, then you will likely have a claim under the North Carolina Wage and Hour Act. Keep in mind, that the employer is not technically required to pay those back... View More

1 Answer | Asked in Employment Discrimination and Employment Law for North Carolina on
Q: I work for a dealership in North Carolina. I got fired because I purchased a vehicle at another Dealership. Is it Legal?

They said this was the only reason.

Kirk Angel
Kirk Angel
answered on May 9, 2017

Unfortunately, yes it is. North Carolina is an employment-at-will state where you can be fired for good reason, bad reason or no reason at all.

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