Get free answers to your Employment Law legal questions from lawyers in your area.
I was fired from my job in North Carolina for tardiness, despite providing documentation from both my previous and current doctors about my Severe Idiopathic Hypersomnia, a chronic condition under the ADA. I had been employed for a year and a half, and my condition was discussed multiple times with... View More 
answered on Mar 25, 2025
In general, there is no law in North Carolina that requires an employer to follow your doctor's notes or to excuse you from the requirements of your job. However, if you work for an employer with at least 15 employees the Americans with Disabilities Act may apply to your situation. The ADA... View More
I work at a company where three of us are on the verge of losing our jobs due to write-ups related to health reasons. One employee was written up for attending workers' compensation appointments for a concussion. A second employee, who is pregnant, was penalized for a scheduled hospital visit... View More
answered on Feb 20, 2025
In North Carolina there are no general employment laws that make it unlawful for an employer to discipline or terminate an employee for health-related reasons. However, there are laws that cover specific situations that are health related.
For example, an employer in North Carolina is not... View More
I applied for my current position at the CMS hiring enterprise website for a position at my current work location. I was aware that there was another listing on that website for both schools as a full-time and I did not apply for that position. I only applied for my current position as a... View More
answered on Jan 9, 2025
If you applied, interviewed, and signed a contract for a part-time position at your current location only, you are generally not obligated to work at another location unless you agree to a new contract. Review your original contract carefully to confirm its terms. Politely but firmly inform HR that... View More
Since having my first child in January 2023, there were a few instances of discrimination such as being turned down for an additional role that I was more than qualified for and the reason being communicated that I was a new mom. I became pregnant again in July 2024 and told my manager in Aug 2024.... View More
answered on Jan 5, 2025
You can ask, but they may not give it to you. However, if you have suffered discrimination based on pregnancy, you must file a charge with the EEOC within 180 days of the discriminatory action. If you do not, you will lose your legal rights. Also, if you sign a severance agreement it will contain a... View More
I did not sign documentation agreeing to any certain terms with the stipend, yet my employer is claiming since I am not remaining employed for 2 years post-training I will have to repay the stipend amount. I have recently put in my 1 month notice to end employment. She is threatening to sue me for... View More
answered on Dec 16, 2024
In NC, your employee agreement, if there is one in place, will usually dictate whether you must repay the stipend to your employer. If the contract is silent on this matter, be sure the agreement does not incorporate an employee handbook or another document that informs employees of their... View More
I am a social worker in hospital. Asked for a modified schedule from m-f to four ten hour shifts. My department had refused to do this nor have they tried to discuss any other options. They only state they do not have a position with those hours available right now. I have made several suggestions... View More
answered on Nov 6, 2024
Was your request for a modified schedule based on a medical condition? Did you provide supporting documentation for this request from your medical provider? If so, the hospital's refusal to entertain your request or discuss alternative accommodations could be a violation of the Americans with... View More
Earlier this year I signed a contract containing a non-compete as a 1099 worker. The job is not working out due to not receiving adequate referrals from the company to financially sustain my responsibilities and livelihood. I am seeking employment elsewhere and am trying to figure out if it’s... View More
answered on Oct 8, 2024
You have identified at least 2 important issues. First, you may or may not have been properly classified. Second, your non-compete may or may not be enforceable. To some degree, the second might depend on the first. Many non-competes are not enforceable in North Carolina because they are not... View More
They won't fire employees for not signing but if we don't sign they will still give us a non-signature agreement. Most employees do not agree with these forms we are being forced to sign because too much bad happens in this company.
answered on Jul 1, 2024
A North Carolina attorney could advise best, but your question remains open for a week. Until you are able to speak with an experienced employment attorney, such agreements are often "take it or leave it." It could depend on the industry, but in the maritime industry and a few other... View More
I have been denied vacation time 2x. Other employees are receiving their vacation time . I reported being singled out and said I was filing a complaint. That I no longer wished to be under my current supervisors. They moved me to another correctional facility under what feels like retaliation.
answered on Jun 20, 2024
Yes, as a member of the National Guard or a veteran, you are protected under Equal Employment Opportunity (EEO) laws. Two key federal laws provide these protections:
The Uniformed Services Employment and Reemployment Rights Act (USERRA):
USERRA prohibits civilian employers from... View More
The company I work at has been struggling financially for the past few years and went into receivership a few weeks ago. It is likely to be sold as 2-3 smaller companies.
Because of these issues, clients have canceled more than $1.25M in orders, causing me to loose $80,000 in commissions... View More
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answered on Apr 20, 2024
You can indeed file a claim for the lost commissions as a creditor in the receivership process. When a company goes into receivership, the receiver's role is to manage the company's assets and debts, which includes assessing claims from creditors, including employees who have lost income... View More
I was recently let go from my job/Non-profit organization as director of operations. I had been with organization for 27 years. The company has a 3-strike system, first offense is a verbal warning, the second offense is a written warning, and the third they can terminate you. In the 27 years that I... View More
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answered on Mar 4, 2024
In North Carolina, employment is generally considered "at will," meaning an employer can terminate an employee at any time for any reason, except for illegal reasons such as discrimination or retaliation. However, if your termination violated the organization's own established... View More
I also have recordings of them saying they are going to save the hardest jobs for this employee
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answered on Feb 15, 2024
In North Carolina, recording conversations without the consent of at least one party involved is generally legal, as it is a one-party consent state. This means if you are a party to the conversation, you can legally record it without the other party's consent. However, recording conversations... View More
For example, Washington state limits the amount able to be recouped to 8 weeks prior to the date of notifying the employee. That 8 weeks overpayment can then be recouped anytime in a period of up to 6 years, but still only for 8 weeks of overpayment prior to the date of notifying the employee of... View More
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answered on Feb 6, 2024
In North Carolina, unlike some states like Washington that have specific statutes limiting the timeframe for reclaiming overpaid wages, there isn't a clear-cut law specifying the exact period an employer can go back to reclaim overpaid wages from an employee. Generally, the principle of unjust... View More
I am a manager who was out this week sick and one of my employees has an unsavory relationship with father- not legal issues, just typical disconnects that have progressed to her avoiding contact with them altogether. He went to her boyfriends house, where her boyfriends father told him where she... View More
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answered on Dec 28, 2023
In situations where a person shows up at a workplace asking about another individual, employees typically have the discretion to provide information or decline to do so. However, there are legal and ethical considerations to keep in mind.
In general, employees should be cautious about... View More
I am a manager who was out this week sick and one of my employees has an unsavory relationship with father- not legal issues, just typical disconnects that have progressed to her avoiding contact with them altogether. He went to her boyfriends house, where her boyfriends father told him where she... View More
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answered on Dec 29, 2023
In this situation, while there may not be a clear legal issue with your employees telling someone that a coworker does not work there, it does raise concerns about workplace policies and privacy. There are no specific laws in North Carolina that directly address this scenario, especially since it... View More
answered on Dec 15, 2023
North Carolina is an "at-will" state. This means that, generally, either an employer or an employee can terminate an employment relationship at any time and for any reason (so long as the reason does not violate the agreement between the parties and is not otherwise unlawful). It also... View More
answered on Dec 5, 2023
HIPAA applies to certain "covered" entities. Covered entities typically operate in the medical field or support other entities that operate in the medical field. But unless an employer is a covered entity, HIPAA doesn't apply. Also, when a covered entity violates HIPAA, it... View More
I've been a victim of remote neural monitoring for about 4 years, resulting in unemployment and homelessness, and causing extreme mental distress and physical injuries. Despite reporting it to local authorities and the FBI, I haven't received a response. I desperately need legal... View More
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answered on Apr 7, 2025
I'm sorry to hear about the situation you're facing. First, it’s important to document everything thoroughly. Keep a detailed record of all instances of distress, physical symptoms, and any interactions with local authorities, the FBI, or others you've contacted. This documentation... View More
I'm a server who recently joined a new restaurant in North Carolina and had to sign a handbook agreeing to a tip-out policy of up to 30% to support staff who run my food, clean tables, and make drinks. Although I'm earning well due to high tips, I'm wondering if this 30% tip-out is... View More
answered on Mar 25, 2025
Your employer should take no more than 15% of your tips under N.C.G.S. § 95‑25.3 (f). It's also questionable if tips can be shared with employees who run food and clean tables. You and your co-workers should consult with an attorney as soon as possible.
Can campus police at my university legally search all dorm rooms without consent or a warrant if the building smells of marijuana? In a specific incident, the campus police searched everyone's rooms because of this smell. The student handbook states that the university reserves the right to... View More
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answered on Mar 23, 2025
The Fourth Amendment generally protects students from unreasonable searches in dorm rooms, which courts have recognized as having a reasonable expectation of privacy similar to a private residence The Fourth Amendment applies to dorm rooms just as it does to houses. This means a college student... View More
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