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 »
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 »
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.
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!
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 »
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.
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.
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 »
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 »
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 »
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.
The child has special needs and had an accident at home. Mother was fired because she was taking care of her child's needs.
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.
I have a letter from the district allowing me to teach remotely for the 20-21 school year. The principal sent a letter out today saying everyone that was given permission from the district must report to school on the 5th. My husband is high risk and the virus would probably kill him if... Read more »
Yes, you can be ordered back even if you were previously allowed to work at home. However, if your conditions are covered by the ADA, you would want to request work-from-home as a reasonable accommodation.
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 »
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 »
Hard question to answer without a lot more facts and weighing of options. However, in general, having a record of what transpired is usually a positive thing.
Essentially I was promised the same type of equity the owner had as part of my total compensation. This is in writing through emails and recorded conversations. The owner was looking at an outside person for advice on many situations, whereby this outsider told me to take action contrary to the... Read more »
It depends. The primary issue will be what does the written document say about the "equity" and the effect your termination has on it. You should consult with an employment attorney as soon as possible.
Is it illegal?
Highly likely that this would be against your employment contract, but without reading that I couldn't give an opinion on whether or not this may be allowed. I would suggest against it though as I strongly suspect that this would be a breach of your employment contract.
Hello.
I applied for a job, went for the interview, and got hired. At the interview, I paid $25 for a drug test & background check (which I passed). I came in the next week for job training. It was a 7 hour training & I have ADHD so I was fidgeting and moving around. I passed all... Read more »
It does not sound like your employer knew about your ADHD until after they informed you that you would no longer be hired for the position. An employer cannot discriminate against you on the basis of a disability they are not aware of at the time the adverse decision is made. Based on the... Read more »
independently owned franchise and the owner is selling to a new owner. Can the new owner enforce the non compete?
More than likely. However, you should get it reviewed by an attorney.
Hi, more info is needed here. The paid sick leave and expanded family and medical leave provisions of the FFCRA apply to certain public employers, and private employers with fewer than 500 employees. If your employer is covered (i.e., have less than 500 employees), you may be eligible for two weeks... Read more »
I am prior service. I met with a national guard recruiter 2 weeks ago and was informed I need to go to meps to swear in. I gave my boss verbal and written notice for both Monday and Tuesday that day and again that following Monday. I worked half a day on Tuesday and went to meps and came back to... Read more »
It is my understanding that you are not protected by USERRA for your trip to MEPS. Unfortunately, you are only protected for the time you are actually serving. I would look at this as a good thing, your employer was probably going to be very difficult once it came time to fulfill your guard... Read more »
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?
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 »
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?
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 »
I am not asking specifically about during COVID, just in general.
Not if the employee can be accommodated to work from home. What that means is that if he can do the essential functions of his job by working from home without creating an undue hardship on the employer, then you as the employer will be required to extend that reasonable accommodation. Mere... Read more »
so she wrote him out of work for 1 week and said he should not lift over 5 pounds and needs to get lots of rest and to come back in a week to get his spleen checked. He called his work and let them know what was going on and I turned in his doctor note to them. He received a call a few hours later... Read more »
Probably lawful. Employers in North Carolina are not required to allow employees off for medical/health issues unless the employer is covered by FMLA (has at least 50 employees) and the employee is eligible (employed for at least 12 months and worked 1250 hours).
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