Lawyers, Answer Questions  & Get Points Log In
North Carolina Employment Law Questions & Answers
2 Answers | Asked in Contracts and Employment Law for North Carolina on
Q: Would a lawyer be willing to review my exit documents from a company post termination to make sure they're legit?

I was terminated from my job in NC which is a 'work at will' state. I don't have enough proof in writing to dispute the termination but I do want to have the exit documents reviewed to make sure I'm not screwing myself. It looks like I have to sign their exit documents to get my... Read more »

Kirton M. Madison
PREMIUM
Kirton M. Madison
answered on Mar 16, 2022

Many employment lawyers will review your severance agreement and explain its terms and enforceability to you for a fee. However, we would also want to discuss your employment history with the company, your experience working there, and what led to your termination to ensure that your rights were... Read more »

View More Answers

2 Answers | Asked in Employment Law for North Carolina on
Q: My previous employer has not paid my wages that was owed to me on January 28, 2022. What can I do?

He says, I have to sign a document and return company property in order to get my paycheck. He also still owes me another (my final) paycheck.

Kirk Angel
Kirk Angel
answered on Feb 6, 2022

File a wage claim with the NC Department of Labor. Free of charge and you can do it online. He cannot lawfully hold your pay to make you sign a document or return company property. If you had previously signed a document he might be able to deduct something from your final pay, but not hold it.... Read more »

View More Answers

1 Answer | Asked in Employment Law for North Carolina on
Q: I live in north Carolina and my employer has started docking our pay for not taking lunches. Is this legal?
Kirk Angel
Kirk Angel
answered on Dec 9, 2021

If you are a non-exempt employee, then the employer is required to pay you for all hours worked. If you work through lunch, you must be paid for lunch. If you do not work through lunch, then the employer would be justified in not paying you for lunch.

1 Answer | Asked in Employment Law and Employment Discrimination for North Carolina on
Q: Can a previous employer refuse to mail you your last paycheck?

I have requested that my paycheck be mailed but the employer is telling me they will not mail it because they want me to come in and sign a paper stating that I received it. I asked to DocuSign it and they said no. Is this legal?

David Allan King
David Allan King
answered on Oct 28, 2021

From North Carolina's Statute § 95-25.7 (the Wage and Hour Act)

Payment to separated employees.

Employees whose employment is discontinued for any reason shall be paid all wages due on or before the next regular payday either through the regular pay channels or by mail if...
Read more »

1 Answer | Asked in Employment Law for North Carolina on
Q: I need to know if I have a claim for retaliation in workplace?

My DM said I would be promoted to GM once he fired the other manager for harassment. He didn’t fire him so I filed a hr complaint and they let the harassing gm go after investigation. Now he says well we will see after I talk to a couple of others. I have the text messages leading up to this and... Read more »

David Allan King
David Allan King
answered on Oct 28, 2021

There is no clear answer to this question, as it basically depends on whether a judge/jury believes you not getting the promotion was because of a good faith complaint.

1 Answer | Asked in Legal Malpractice and Employment Law for North Carolina on
Q: Can I get legal help for my vertigo

I have vertigo and turned in paperwork to my general manager at work but still received written referrals for being late and not showing up when I am having vertigo can I be fired for it

Kyle Anderson
Kyle Anderson
answered on Jul 14, 2021

Hi more information is needed here. If your vertigo qualifies as a disability under the Americans with Disabilities Act, and you request a reasonable accommodation, the employer should work with you on getting an accommodation you need. I would reach out to an employment law attorney in your state... Read more »

1 Answer | Asked in Employment Law for North Carolina on
Q: A person is accusing me of taking a picture of them without their knowledge, but in the picture it shows them in poses?

They never asked me not to take their picture?

Ina Shtukar
Ina Shtukar
answered on Jun 24, 2021

I am lost. Could you please give more context. What is your employer's position? Or is it even related to your employment? It is not illegal to take a picture of someone in a public place.

1 Answer | Asked in Employment Law for North Carolina on
Q: Hello, I’m inquiring on whether I was wrongfully terminated from Zoom Drain.

I was discharged from Zoom Drain last Thursday while I was on vacation. On Wednesday it was communicated to me that one of the 4 of us working there was a confirmed covid 19 case and they weren’t requiring anyone to get tested as long as they didn’t feel sick. I inquired because I know that’s... Read more »

Ina Shtukar
Ina Shtukar
answered on Jun 24, 2021

More information is needed but it sounds like you may have a claim.

1 Answer | Asked in Employment Law and Employment Discrimination for North Carolina on
Q: Can my employer force me to take FMLA when the physician recommended an accommodation that is under ADA?
Ina Shtukar
Ina Shtukar
answered on Jun 24, 2021

No. The employer cannot force you to take the FMLA leave. If both ADA and FMLA apply, you are entitled to pick the more beneficial option. Sounds like you may need to contact an attorney.

2 Answers | Asked in Small Claims, Employment Law and Collections for North Carolina on
Q: Can I take legal action to receive the total compensation I should have been paid while working there?

While interviewing for a chain restaurant GM position mid Dec of 2019 I was asked what annual salary I would accept to leave where I was currently employed and work there. I asked for 65,000 and the district Mgr at that time who was interviewing me agreed, but he said they would need to start me at... Read more »

Kirton M. Madison
PREMIUM
Kirton M. Madison
answered on Jun 16, 2021

Yes. You can take action. You should hurry though because you are running up against the statute of limitations. You should be able to use the documentation and text messages that you already have in your possession. You may take the restaurant to small claims court for the difference in the amount... Read more »

View More Answers

2 Answers | Asked in Employment Law for North Carolina on
Q: How long can a previous employer legally expect payback for income that was accidentally overpaid during employment?

The amount overpaid was under $2,000. There is no contract stating the overpayment would be paid back.

Kirton M. Madison
PREMIUM
Kirton M. Madison
answered on Jun 7, 2021

First, it should be determined if the employee was actually overpaid. If there was an overpayment, the employer may ask them to return the money. If the employee refuses to return the money, the employer may take them to court to recover it.

View More Answers

2 Answers | Asked in Contracts and Employment Law for North Carolina on
Q: Can you get fired for wanting to be sent home after requesting payment that was never received?

I am a traveling worker & I was sent to work at a site. They have trouble paying people. So I told the site manager & regional manager that I haven't been paid. The site manager eventually quit so all I had was the regional one to deal with. He told me that he already paid me on a card... Read more »

Kirton M. Madison
PREMIUM
Kirton M. Madison
answered on Jun 2, 2021

You have a right to complain about unpaid wages but you may not be allowed to choose your worksite unless you have an employment contract that says otherwise. You can complain through your company's formal channels about the unpaid wages and the worksite's timekeeping issues. If that is... Read more »

View More Answers

1 Answer | Asked in Employment Law, Civil Rights and Employment Discrimination for North Carolina on
Q: Do I have the right to NOT answer the ? if I have had the covid vaccine to my employer?

I agreed to still wear a mask but was told if I don’t answer the assessment questions then I cannot work.

Can they discriminate against me for that?

Kirk Angel
Kirk Angel
answered on May 22, 2021

You do not have to answer. However, the employer can terminate you for not answering.

2 Answers | Asked in Employment Law for North Carolina on
Q: Can an employer drop the pay for the hours you already worked to minimum wage if you quit without a two week notice
Kirk Angel
Kirk Angel
answered on May 18, 2021

Your employer can reduce your pay at any time. However, it can only reduce it for future work. It is unlawful for your employer to reduce your pay for time already worked. You can file a wage complaint with the NC Department of Labor's Wage and Hour Division.

View More Answers

1 Answer | Asked in Employment Law for North Carolina on
Q: My wife recently transferred to a new dept. She had mandatory training, if you missed more than 8 hours you would be..

terminated. She was hospitalized for a severe infection, missed a 6 days. They are now asking her to resign so she is rehirable in 60 days when a new job MAY be open. We are afraid she would be denied unemployment, if she resigns. They said they could also terminate with cause. Not sure the best... Read more »

Ina Shtukar
Ina Shtukar
answered on Mar 11, 2021

Yes, if your wife resigns voluntarily, she will likely be denied unemployment benefits. Was her infection in any way connected to her employment? Is she able to work now? She could be entitled to workers' comp benefits. I am not clear why her employer is asking her to resign. This could give... Read more »

1 Answer | Asked in Criminal Law, Employment Law and Federal Crimes for North Carolina on
Q: I’m facing a larceny by employee class h larceny felony, I have no criminal record at all, was told there was video

However, I was never read my Miranda rights when first arrested and never was until I was in front of the judge for my very first ever court date... a day later. I’m not sure what to do as this is my first ever run in with the law.

Ina Shtukar
Ina Shtukar
answered on Feb 24, 2021

You should retain a criminal defense attorney. He or she may be able to make all the difference. Do not face this alone! Once the case is resolved, you could probably expunge it. Good luck!

1 Answer | Asked in Employment Law for North Carolina on
Q: My employer cut my salary 10% due to moving from NV to NC, which have similar cost of living. Do I have any recourse?

I work remote and moved from Las Vegas, NV to Cary/Apex, NC to try to live a more green and active lifestyle while keeping *some* costs slightly down, however, cost of living is not that much different in both these areas, yet my employer cut my salary 10%. When I asked if they could provide more... Read more »

Ina Shtukar
Ina Shtukar
answered on Feb 13, 2021

Do you have your employment contract handy? I would need to examine what was promised to you at the time you accepted employment. NC Wage and Hour Act may have been implicated, here if your employer failed to pay wages as promised.

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 »

2 Answers | Asked in Employment Law for North Carolina on
Q: I sale cars at a lot owned by a huge dealership. I was given a raise last month, now they want to take it back.

I have worked there for 7 months. I have been a top employee since day 1. Last month they doubled my commission and gave it to me in writing. It was my top month for sales also. My commission ended up almost 10,000 dollars. Yesterday the owner came in with new paperwork saying they were taking away... Read more »

Kirk Angel
Kirk Angel
answered on Feb 13, 2021

As to the commission change, the employer can change your compensation, including commission, at any time. However, the change cannot be retroactive. This means that if you earned commission under the new structure, you are entitled to the amount so earned. Even so, they can change the commission... Read more »

View More Answers

2 Answers | Asked in Employment Law for North Carolina on
Q: Can a employer probibit coworkers from dating? And fire one or both of the employees if they do?
Ina Shtukar
Ina Shtukar
answered on Feb 13, 2021

Unfortunately, dating is not a protected activity, so yes, your employer can terminate you based on that. In NC and many other states, employer may terminate employee for any reason or no reason at all as long as it does not violate any public policy. Dating does not implicate any public policy.

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.