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North Carolina Employment Law Questions & Answers
1 Answer | Asked in Employment Law for North Carolina on
Q: I was recently let go from my job/Non-profit organization as director of operations.

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

James L. Arrasmith
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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

1 Answer | Asked in Employment Discrimination and Employment Law for North Carolina on
Q: Can I get into trouble for voice recording another employee making racists comments about someone

I also have recordings of them saying they are going to save the hardest jobs for this employee

T. Augustus Claus
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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

1 Answer | Asked in Employment Law for North Carolina on
Q: If my NC employer overpaid me, how far back from the date of notification can they reclaim wages?

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

T. Augustus Claus
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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

2 Answers | Asked in Employment Law, Civil Rights and Communications Law for North Carolina on
Q: Is it legal for my employees to tell the father of another that shows up, that they don’t work there if they do?

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

T. Augustus Claus
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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...
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2 Answers | Asked in Employment Law, Civil Rights and Communications Law for North Carolina on
Q: Is it legal for my employees to tell the father of another that shows up, that they don’t work there if they do?

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

James L. Arrasmith
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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

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1 Answer | Asked in Employment Law for North Carolina on
Q: Is it legal to terminate someone without providing a reason? Employee was never counseled positive or negative?
N'kia (NLN)
N'kia (NLN)
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

1 Answer | Asked in Employment Law for North Carolina on
Q: Is it a hipaa violation for my employer to post my excused doctors note for everyone to see?
N'kia (NLN)
N'kia (NLN)
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

1 Answer | Asked in Employment Law for North Carolina on
Q: Can I send a request for unpaid hours even after I quit?

I was told that orientation and training would be paid. The system didn't accept me and the assistant manager said they'd put in my hours manually. They never did, and I haven't been paid. I am quitting because of another job opportunity and would like to know if I can put in a... View More

N'kia (NLN)
N'kia (NLN)
answered on Nov 12, 2023

You can send a written request for payment for unpaid hours, even after you have resigned from your employment. Your request might include information about the amount of money you believe you are owed, how you calculated this amount, how long you have been owed this money, and previous... View More

1 Answer | Asked in Employment Law for North Carolina on
Q: I want to know if my non compete which is part of my employement contract in NC is nulled.

They are changing our commission for the worse and I will lose 1/2 of my earning potential. In addition, now our national team is claiming local account causeing loss of income as well Can they enforce a 2 year non compete when they have changed my employment completely.

N'kia (NLN)
N'kia (NLN)
answered on Nov 12, 2023

It would be rather difficult for an attorney to answer your question. In North Carolina, the enforceability of a non-compete agreement is more case-specific than most other types of contracts. For example, in the employment context, enforceability of a non-compete agreement can depend on factors... View More

1 Answer | Asked in Employment Law for North Carolina on
Q: Inquiry Regarding the Legality of Remote Work from a Different State

I'm currently working in Texas state

My current employer has offered me the opportunity to work remotely. Given the nature of my work, which primarily involves digital tasks and virtual meetings, there seems to be no immediate need for me to be physically present at our company's... View More

N'kia (NLN)
N'kia (NLN)
answered on Oct 9, 2023

Changing terms and conditions of employment can potentially affect an employee's H1B status. With some changes, the employee might no longer be eligible for H1B status. However, other things might just require an update (like a new Labor Condition Application).

To obtain legal advice...
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1 Answer | Asked in Employment Law for North Carolina on
Q: Am I considered quitting if I refuse to take the company car to come into work for less pay. Boss is making me quit.

I’m a delivery driver and I left work to get my car fixed because it started to violently shake. My boss told me I’m quitting because I’m not accepting the company car. The reason I’m not driving the company car is because they don’t pay you mileage when using it.

T. Augustus Claus
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answered on Sep 20, 2023

If you refuse to use the company car due to reduced compensation and your boss views this as a resignation, it's more of a disagreement over employment terms than a clear-cut resignation on your part. An employer interpreting a dispute or disagreement as a resignation could be problematic.... View More

1 Answer | Asked in Employment Discrimination and Employment Law for North Carolina on
Q: Can an employer demote an employee for no reason and construct the compensation moving forward as m2m with no $ amount?

I was demoted to the lowest position in the company due to "company needs". I have never been written up for anything and have done my job successfully for over 19 months. I moved up from sales to assistant manager and then to human resource manager. I'm being demoted from the HR... View More

T. Augustus Claus
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answered on Aug 9, 2023

In many at-will employment states, including Arizona, employers generally have the right to make changes to an employee's job position, including demotions, as long as the changes are not based on illegal discrimination or retaliation. However, reducing an employee's compensation without... View More

1 Answer | Asked in Employment Law for North Carolina on
Q: What options do I have if employer refuses to compensate for my time?

I was scheduled to work 35 hrs/week but they added to my job duties 8 months ago. Now I work at least 40 hrs/week. They refuse to compensate me for my time, by increasing my salary or by making me an hourly employee who can work between 35-40/week. My supervisor's boss has denied my requests.... View More

John Michael Frick
John Michael Frick
answered on Jun 5, 2023

If you were hired to work 35 hrs/week at a fixed salary, and your employer does not want to agree to pay you more to work at least 40 hrs/week, tell your employer that you do not agree to work at least 40 hrs/week for the same salary your agreed to for working 35 hrs/week. Then, stop working... View More

1 Answer | Asked in Employment Law for North Carolina on
Q: What options do I have if my employer is trying to constructively make me quit and has threatened my life

Basically a few months ago I was accused of no call no show. That wasn't the case and I was allowed to keep my job but since this incident my manager that tried to have me fired over the no call no show has been making my day to day miserable I walk on eggshells fearing everything I do might... View More

Maurice Mandel II
Maurice Mandel II
answered on May 28, 2023

The obvious answer, if you are working someplace that is threatening your life to continuing to work there, go someplace else. Your life is more important that any job. Death threats are illegal, even in No. Carolina, you could report the death threats to the police as this is also a crime. Death... View More

1 Answer | Asked in Employment Law and Civil Rights for North Carolina on
Q: Can the company that I am working with now prevent me from leaving the company by asking other companies no to hire me?

I have been treated differently in my company, no promotion, and no pay rise during 10 years of working. I decided to leave the company. I found the job the fitted me very well. I was notified by the hiring companies that despite my qualification for the job they cannot hire me because they have an... View More

N'kia (NLN)
N'kia (NLN)
answered on May 23, 2023

An agreement between two companies prohibiting one from hiring the other's employees is not strictly forbidden in North Carolina, although it must be written to comply with some fairly specific rules. Depending on how it is written and what purpose it is intended to serve, such an agreement... View More

1 Answer | Asked in Employment Law and Libel & Slander for North Carolina on
Q: Do I have recourse if a former employer implies I was fired for cause when, in fact, I resigned with no issues?

I recently went through a background check as part of an application process for a job. Although the check indicated I was eligible for rehire by a former employer, I noticed that they listed my reason for leaving as “Against Company Policy.” I gave them four weeks notice as required in the... View More

N'kia (NLN)
N'kia (NLN)
answered on Apr 26, 2023

I am sorry to hear that you're experiencing this, especially after working so hard to maintain a good record with your former employer. There seems to be a lot of confusion about what constitutes a policy violation and the proper way to handle it, especially for an employee who is leaving.... View More

2 Answers | Asked in Employment Law for North Carolina on
Q: Can my boss call all employees to work for a unpaid meeting? It will be held at 10:30pm.
Kirk Angel
Kirk Angel
answered on Apr 13, 2023

This is actually two questions. First, your boss has the right to require you attend at 10:30pm meeting. You have the right to refuse to go, but he can terminate you for not going. Second, whether your employer is required to pay you depends on whether you are an exempt or non-exempt employee. Your... View More

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1 Answer | Asked in Employment Discrimination and Employment Law for North Carolina on
Q: My brother in law was fired because he kept asking where his pay was. Can they do this in NC?

Hello. My brother in law started this job on 3/21/2023. The first payday was 3/31. He has still not received his pay as of today 3/5/2023. He has gone to HR, his manager, called payroll and everyone just says keep waiting or we don’t know. He is 2 days away from the second pay period. He asked... View More

N'kia (NLN)
N'kia (NLN)
answered on Apr 5, 2023

A North Carolina employee who has a wage & hour claim may start by filing a complaint with North Carolina Department of Labor. However, if the complaint is related to a final paycheck, the employee might not be able to file until at least 10 days after the missed payday.

Your...
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1 Answer | Asked in Contracts, Employment Law and Business Law for North Carolina on
Q: I'm looking for some answers regarding Noncompete law in NC.

I worked for a video production company in Charlotte, NC for about 5 years. I recall signing a noncompete when I first started, although I remember it only being a few lines of text. I no longer have the copy of it. I've started my own video production company, and I'm wondering what are... View More

N'kia (NLN)
N'kia (NLN)
answered on Apr 5, 2023

Most non-competes either define competition or at least give examples of what would constitute competition. So, the agreement itself sets the expectations for what you will and won't do. However, a non-compete can be unenforceable for various reasons, including prohibiting too much conduct... View More

1 Answer | Asked in Employment Law and Employment Discrimination for North Carolina on
Q: What can you do when your boss has mental issues and make your life miserable at work?

Boss has anxiety issues and couldn’t control her emotions. Her behavior is quite narcissistic. Is it illegal for the company to put employees under her and be mentally abused?

N'kia (NLN)
N'kia (NLN)
answered on Mar 31, 2023

Generally speaking, it is not unlawful for an employer to assign employees to a manager with "mental" health issues. However, the manager's conduct would be unlawful if (for example) it rose to the level of prohibited discrimination, assault, battery, stalking, etc. An attorney would... View More

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