I live in North Carolina and my employer is based in Nevada. Part of my employment agreement includes a bonus and annual raise, but they have decided they will not fulfill these agreements and are demanding that I sign a new contract that does not include these terms and does not include additional... Read more »
answered on Dec 14, 2022
This is impossible for any lawyer to answer accurately without reviewing the complete terms and conditions of your employment agreement. This may also be governed by Nevada law, not North Carolina. You should take the entire agreement to an employment law attorney for review. In general terms, if... Read more »
answered on Sep 30, 2022
A North Carolina attorney could advise best, but your question remains open for four weeks. An attorney is likely going to want to see more details about the policy. If you could arrange a brief initial consult, an attorney might be able to outline the best options here, such as litigation or... Read more »
I was in a very high corporate position but did not sign a contract beyond the handbook. I had no formal documentations in my year at the company. I started as a VP, and he changed my title and responsibilities to a higher role, without changing my pay.
Was the company required to pay my... Read more »
answered on Sep 27, 2022
If you were an at-will employee, then the company (assuming it is not a state agency) had no obligation to pay the notice period. The organization was free to terminate your employment absent an agreement stating otherwise.
It seems as though you are suggesting that a contract was... Read more »
answered on Sep 12, 2022
In general--yes. North Carolina is an at-will employment state. Absent an employee contract or an agreement, the employer can terminate someone's employment for almost any reason or no reason at all. You may want to speak with an employment attorney if other factors were at play, but this... Read more »
Is an injured worker, who returned back to work for the past 12 months, ENTITLED to benefits when [he] is still receiving pain management treatment for low back pain, given numerous work restrictions by treating doctor echoing the FCE Test restrictions, the treating doctors work note doesn't... Read more »
answered on Sep 7, 2022
Yes, if wages are reduced due to pain problems. Workers' Compensation (WC) compensation to injured workers in North Carolina is based on loss of earning capacity and time out of work as determined by qualified medical professionals. In this case, Tony's employer, not medical staff, has... Read more »
I work for a large telecom company & signed a non compete, the non compete language is broad & does not mention any companies.
I have an offer to join a startup company in technology. This new company is not a direct competitor & not in the telecom space. I want to make sure I... Read more »
answered on Aug 29, 2022
You need to speak to an employment attorney who has experience with non-competes as this is a complex legal question. It is highly unlikely that you will find the answer simply by googling it. Also, even an experienced attorney may not be able to give a 100% definitive answer depending on how the... Read more »
In prior companies my pay was not docked for documented sick days. So I’m not sure if it was out of courtesy or because they were required to. We do have a PTO plan but I’m new to this role so I’m unable to use any.
answered on Jun 28, 2022
If you miss one or more full days of work (and PTO is currently unavailable to you), then your employer can reduce your pay proportionally to value of each day missed. For example, if you work Monday through Friday and typically make $1,000 per week, and you are absent on Monday, your employer can... Read more »
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 »
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 »
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.
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 »
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.
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?
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 »
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 »
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.
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
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 »
They never asked me not to take their picture?
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.
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 »
answered on Jun 24, 2021
More information is needed but it sounds like you may have a claim.
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.
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 »
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 »
The amount overpaid was under $2,000. There is no contract stating the overpayment would be paid back.
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.
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 »
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 »
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?
answered on May 22, 2021
You do not have to answer. However, the employer can terminate you for not answering.
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