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North Carolina Employment Law Questions & Answers
1 Answer | Asked in Employment Law for North Carolina on
Q: Can I get unemployment benefits in NC for being fired for handing in a two week notice to resign?

I advised my employer on Thursday July 30, 2020 that I would be leaving my position two weeks from Monday August 3, 2020. Monday morning I get a text from the boss letting me go effective immediately. Can I receive unemployment benefits for my 2 weeks not worked due to being let go prior to the... Read more »

Rhiannon Herbert
Rhiannon Herbert answered on Aug 4, 2020

The answer to your question will likely depend on whether you will be paid by the company for the remaining two weeks. If your employer has agreed to pay you for this time even though you're not working (either by agreement or as a severance benefit), then you will not be eligible for... Read more »

1 Answer | Asked in Employment Law for North Carolina on
Q: Is it legal to switch someone from salary to hourly?

My husband started with a company last year. The company cut his pay 10% due to covid even though their sales have gone up. Then a couple weeks later they switched him to hourly. They said by the 10th of this month he would have his 10% back and now are refusing to raise pay back up. Also, the boss... Read more »

Kirk Angel
Kirk Angel answered on Jul 29, 2020

Yes. It is always lawful to switch a person from salary to to hourly. However, it may not be lawful to switch an employee from hourly to salary. It is also lawful to reduce an employee's wages with a couple of caveats. First, the reduction cannot be below the required amount, i.e. minimum... Read more »

1 Answer | Asked in Employment Law for North Carolina on
Q: Kirk Angel: Do you know Dept of Labor law regarding suspending employees? You said there's no legal way it must happen

Please read 25 NCAC 01J .0611 DISCIPLINARY SUSPENSION WITHOUT PAY.

Attorney in Fayetteville routinely suspends employees (without cause) then allows them back then suspends them again and again hoping employees will quit. Either way...suspended employee or employee who quits is not able to... Read more »

Kirk Angel
Kirk Angel answered on Jul 11, 2020

I am confused by this post. Are you saying you are a state employee? 25 NCAC 01j.0611 is part of the NC State Human Resources Act which applies to state employees only. A state employee would be advised of a suspension. What does the attorney in Fayetteville have to do with that? Is the attorney... Read more »

1 Answer | Asked in Employment Law for North Carolina on
Q: HR txt: "You are suspended (not terminated) without pay until further notice. We will let you know when you may return."

No disciplinary actions ever. Is the txt legal and am I entitled to unemployment?

Kirk Angel
Kirk Angel answered on Jul 11, 2020

There is no specific "legal" way for an employer to terminate your employment or communicate suspensions etc. They can tell you in person, call you text you, or communicate it in any other way. In fact, that can communicate it non-verbally such as by changing the keys to the facility or... Read more »

1 Answer | Asked in Civil Litigation, Contracts and Employment Law for North Carolina on
Q: Do I owe my employer money she paid me during the pandemic ? Am I still even in a no competition contract ?

I signed a 5 year no competition contract with the promotion of a assistant manager Jan 1st 2018 . I moved to California for almost a year, then moved back to North Carolina . She hired me back I never signed anything when I moved back . Also now that she has let me go she is say I owe her the... Read more »

Kirk Angel
Kirk Angel answered on Jul 1, 2020

If you were an employee, and the money she gave you was for work you performed, it is not likely that you owe the money to her. If you were an employee, and it was not for work you performed, she might have a claim. If you were an independent contractor, the answer to the question would depend.... Read more »

1 Answer | Asked in Employment Law for North Carolina on
Q: I was called to hr at my job & given a letter stating. This was a temporary layoff/reduction in workforce & i filled for

I was called to hr at my job & given a letter stating. This was a temporary layoff/reduction in workforce & i filled for unemployeement & received it. THe determination was no work available. Yet the day after i was layed off the company brought someone else in & placed them in my... Read more »

Lynn Ellen Coleman
Lynn Ellen Coleman answered on Jun 17, 2020

Not really. An employer in NC can fire you or lay you off for any reason that is not discriminatory unless you have a written employment contract. If your unemployment benefits are equal to your pay, you have no case at all even if you can prove this was discrimination.

1 Answer | Asked in Employment Law for North Carolina on
Q: can employer fire me and take away previous paycheck because of covid?

My employer has been paying everyone to stay at home. I put in my 2 week notice and my employer fired me on the spot and told me they won't pay me for the 2 weeks. They also told me I wont be paid for the previous 2 weeks either. I have a record of the hours worked before it got deleted online.

Rhiannon Herbert
Rhiannon Herbert answered on May 6, 2020

Under the Fair Labor Standards Act, you must be paid for all hours worked. However, since North Carolina is an at-will employment state (meaning either you or your employer can terminate the employment relationship for any reason at any time), your employer is allowed to terminate your employment... Read more »

1 Answer | Asked in Employment Law for North Carolina on
Q: My employer did not invite me to a team building Virtual beer tasting, I don’t drink but I am on the leadership team

Employer is aware I’ve been in recovery from alcohol for 4 years. I’ve been on the leadership team with the company since I started over 3 years ago. An Instagram post from our company that read “team building for Thursday night” with pictures of beers in bags is how I discovered the... Read more »

Kirk Angel
Kirk Angel answered on May 6, 2020

You did not post a question. However, by itself, there is nothing unlawful about the employer not inviting you.

1 Answer | Asked in Employment Law, Contracts and Construction Law for North Carolina on
Q: I need to file mechanic lien on a property i worked on and never got paid in haywood county nc. How do i get a form

Can i get a form for free or is buying one off deed.com for 19.99 the bedt way to get form

Paige Kurtz
Paige Kurtz answered on Apr 27, 2020

The North Carolina General Statutes contain the information that needs to be on your lien form. Its set out almost in a form in the statute. See 44A-12. However, I would recommend an attorney as the lien process can be complicated.

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 Law for North Carolina on
Q: Can my old employer hold my check and mail it instead?

I quit my job last Thursday. We got paid every Wednesday so I arrived to my old employers office to pick up my check and she informed that she would not give me my check because she had to mail it off.

Kyle Anderson
Kyle Anderson answered on Mar 11, 2020

Yes. Some states have a time-frame by which employees must be paid, so you would need to check with an employment lawyer in North Carolina, but a few days would likely not put them in violation. For example, Ohio requires payment within 30 days, so there is not violation until the 31st day occurs... Read more »

1 Answer | Asked in Employment Law for North Carolina on
Q: Can an employer write someone up for missing time because their child keeps getting sick?
Kirk Angel
Kirk Angel answered on Feb 20, 2020

Yes, and the employee can be fired for missing work even if the doctor gives a note. The only exception is if the child's condition meets the definition of serious health condition under the FMLA and the parent is an FMLA eligible employee with remaining FMLA leave.

1 Answer | Asked in Employment Law for North Carolina on
Q: Is my relocation repayment agreement enforceable in this situation?

I transferred to another state with my existing employer of 9 years and was given a relocation package. It had a 2 year repayment agreement with a prorated amount due each month starting in year two. The division I worked in was recently dissolved and I was offered a new position with considerably... Read more »

Greg Mansell
Greg Mansell answered on Feb 5, 2020

The answer depends on the language of the repayment agreement. The repayment agreement is just a contract. There are usually terms that address broad situations, such as being transferred to a position that is or is not comparable to your current position. You should look at the Agreement and see... Read more »

1 Answer | Asked in Contracts and Employment Law for North Carolina on
Q: Is a non-compete agreement in North Carolina signed by an existing employee enforceable if no consideration is given?

Employee of 7 years told to sign agreement in 2014 or find a new job. Trying to leave job and they are threatening to enforce it.

Kirk Angel
Kirk Angel answered on Dec 7, 2019

Every contract has to have consideration to support it. Therefore, if there is no consideration, there is no contract. A couple of things to note. First, consideration is anything of legal value and not just money. Second, even if the contract is legally unenforceable, the employer may file a... Read more »

1 Answer | Asked in Employment Law for North Carolina on
Q: Am I being forced to work for free without realizing I am?

I have been employed by Walmart since January of 2018 and I have ran this question through my head countless of times and finally realize something isn't right. Like many other corporate companies they are focused on profit and anyway of making a bigger one. Needless to say overtime is the... Read more »

Kirk Angel
Kirk Angel answered on Oct 22, 2019

Not sure that I completely understand what you are asking or why you think this is working for free. The wage and hour law requires an employer to pay an employee for all time worked unless the employees is salaried exempt. If you work over a scheduled shift or ending time, but your hours are... Read more »

1 Answer | Asked in Employment Law for North Carolina on
Q: Can someone be fired if the company suddenly considers them a liability? Even if they have never had a work accident?

My father always completes all of his work he has never been written up. Lately he has been having back and hip problems and yes he has slowed down from when he was 20 but he completes every task asked of him. And today HR contacted him and said that he had to get a note from a doctor today to be... Read more »

Kirk Angel
Kirk Angel answered on Oct 8, 2019

In general, yes. North Carolina is an employment-at-will state where an employee can be fired at any time for good, bad or no reason at all. If he is not performing upto the employer's expectations, then he can be fired and that would be considered a "good" reason. However, if he is... Read more »

1 Answer | Asked in Employment Law for North Carolina on
Q: At my job we get 30 mins for a lunch break. We were told that if we forget to clock out that an hour will taken. Legal?

Apparently people are abusing the break system at work and the above policy is the answer. I am asking is it legal to take an extra 30 minutes if you forget to clock out. Isn't this stealing time?

Kirk Angel
Kirk Angel answered on Oct 7, 2019

It would be unlawful if you really did work during that 30 minutes. It would not be unlawful if you did not work during that 30 minutes.

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 for North Carolina on
Q: I was berated screamed and totally disrespected . By supervisor I then asked to go to HR. And was denied. Is that legal
Kirk Angel
Kirk Angel answered on Aug 10, 2019

That is terrible for you to have to go through.

However, there is no law against an employer, supervisor or co-worker berating, screaming or disrespecting you in this state. This type of conduct may be unlawful if it is directed to you on the basis of race, color, sex, national origin,...
Read more »

1 Answer | Asked in Employment Law for North Carolina on
Q: If my position went from exempt to non-exempt. Are we owed back pay for working overtime when exempt?

Prior to changing us to non-exempt we were required to attend Conferences that lasted well past our normal business hours. When not at conference or trainings we couldn't go over 40hrs but at these events we worked 50 - 60 hours without additional pay. Is that legal?

Kirk Angel
Kirk Angel answered on Jul 9, 2019

You cannot be switched between exempt and non-exempt by your employer as those are legal terms defined by the wage and hour laws. You are either one or the other unless there is a substantial change in circumstances (job duties change for example). In making the determination, the law focuses on... Read more »

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