North Carolina Employment Law Questions & Answers
Q: I am paid on salary. If my boss asks me to stay longer than my shift to train without pay. If I left, could he fire me?
1 Answer
| Asked
in
Employment Discrimination and Employment Law
for
North Carolina
on
Answered on Feb 13, 2019
Answered on Feb 13, 2019
Kirk Angel's answer
Yes, he can lawfully fire you for leaving. In fact, whether you are paid hourly or salary, non-exempt or exempt, you can be fired for leaving if your employer expects or demands that you stay beyond your shift.
You mentioned a contract. If it is actually an enforceable employment contract, then there may be something in the contract that prohibits him from requiring you to stay over. If the contract does appear to address this issue, then you definitely consult with an experienced...
Yes, he can lawfully fire you for leaving. In fact, whether you are paid hourly or salary, non-exempt or exempt, you can be fired for leaving if your employer expects or demands that you stay beyond your shift.
You mentioned a contract. If it is actually an enforceable employment contract, then there may be something in the contract that prohibits him from requiring you to stay over. If the contract does appear to address this issue, then you definitely consult with an experienced...
Q: NCDPS is sending a Letter of Overpayment when they terminated me, Didnt pay for a week of work or vacation leave.
Kirk Angel's answer
I do not see a question. However, if you really were overpaid, then the DPS can institute legal action to get that money back.
I do not see a question. However, if you really were overpaid, then the DPS can institute legal action to get that money back.
Q: I'm searching for a NC attorney who can review a financial services consulting agreement.
1 Answer
| Asked
in
Employment Law, Arbitration / Mediation Law and Securities Law
for
North Carolina
on
Answered on Jan 25, 2019
Answered on Jan 25, 2019
Timur Akpinar's answer
You could contact the North Carolina Bar Association for assistance. They have an attorney referral service.
Tim Akpinar
You could contact the North Carolina Bar Association for assistance. They have an attorney referral service.
Tim Akpinar
Q: I have a friend that's a manager an gets paid salery.. can they suspend him indefinatly without pay for getting arrested
1 Answer
| Asked
in
Employment Law and Employment Discrimination
for
North Carolina
on
Answered on Jan 14, 2019
Answered on Jan 14, 2019
Kirk Angel's answer
Yes. North Carolina is an employment-at-wills state where an employer can take any action it wants against an employee for good reason, bad reason or no reason at all. As such, your friend's employer can suspend him at any time for any reason. Also, If your friend is not working, the employer is not required to pay him.
Yes. North Carolina is an employment-at-wills state where an employer can take any action it wants against an employee for good reason, bad reason or no reason at all. As such, your friend's employer can suspend him at any time for any reason. Also, If your friend is not working, the employer is not required to pay him.
Q: Can a religious nonprofit that receives federal aid choose to not hire me because of a hearing disability?
1 Answer
| Asked
in
Employment Law and Employment Discrimination
for
North Carolina
on
Answered on Nov 23, 2018
Answered on Nov 23, 2018
Kirk Angel's answer
The employer may be able to based on a US Supreme Court case that expanded the "ministerial" exemption in employment law. It is a complex issue that you will need to consult directly with an experienced employment attorney about to get a specific answer.
The employer may be able to based on a US Supreme Court case that expanded the "ministerial" exemption in employment law. It is a complex issue that you will need to consult directly with an experienced employment attorney about to get a specific answer.
Q: My new employer filed Chapter 11 bankruptcy during the time of me excepting the job and my start date.
Timothy Denison's answer
If the company had a lot of cash. they wouldn’t be in reorganization bankruptcy. Consult an experienced bankruptcy attorney who may be able to fashion you into a creditor.
If the company had a lot of cash. they wouldn’t be in reorganization bankruptcy. Consult an experienced bankruptcy attorney who may be able to fashion you into a creditor.
Q: Can I file a suit against a business for unfair treatment?
2 Answers
| Asked
in
Business Law, Civil Litigation, Contracts and Employment Law
for
North Carolina
on
Answered on Oct 8, 2018
Answered on Oct 8, 2018
Q: i am salaried and get no deductions for materials on my taxes i am considered an independent contractor or employee
Kirk Angel's answer
There is no one single definition of "employee." For example, the definition used by the EEOC is different from the definition used by the IRS. However, if the company is taking taxes out of your check then you are likely to be an employee. In general, the more control that is exerted over you, the more likely you are to be found to be an employee.
There is no one single definition of "employee." For example, the definition used by the EEOC is different from the definition used by the IRS. However, if the company is taking taxes out of your check then you are likely to be an employee. In general, the more control that is exerted over you, the more likely you are to be found to be an employee.
Q: Could this be an example of unequal pay?
1 Answer
| Asked
in
Employment Discrimination and Employment Law
for
North Carolina
on
Answered on Sep 6, 2018
Answered on Sep 6, 2018
Kirk Angel's answer
Paying a male more than a female may be a violation of Title VII of the Civil Rights Act which prohibits discrimination on the basis of sex and/or the Equal Pay Act which requires employers to pay females the same as males for the same work. However, there are a number of defenses possible under each law. Moreover, the theories under each law are slightly different as are the defenses. Industry experience can be a factor, but not in all circumstances. You would be well served to consult...
Paying a male more than a female may be a violation of Title VII of the Civil Rights Act which prohibits discrimination on the basis of sex and/or the Equal Pay Act which requires employers to pay females the same as males for the same work. However, there are a number of defenses possible under each law. Moreover, the theories under each law are slightly different as are the defenses. Industry experience can be a factor, but not in all circumstances. You would be well served to consult...
Q: can I force an exempt employee to take a week furlough with no pay if he’s the only one that will be off of work?
1 Answer
| Asked
in
Employment Discrimination and Employment Law
for
North Carolina
on
Answered on Sep 6, 2018
Answered on Sep 6, 2018
Kirk Angel's answer
In general, under our Wage and Hour law, an employer is not required to pay an exempt employee's salary for any whole day the employee is absent from work for any reason. This is in general, so I recommend you consult with an experienced employer side attorney.
In general, under our Wage and Hour law, an employer is not required to pay an exempt employee's salary for any whole day the employee is absent from work for any reason. This is in general, so I recommend you consult with an experienced employer side attorney.
Q: Withholding Pay
Kirk Angel's answer
If the NCDOL would not help, you only other option would be to file a lawsuit against them. You should consult with an attorney to discuss how best to approach a lawsuit.
If the NCDOL would not help, you only other option would be to file a lawsuit against them. You should consult with an attorney to discuss how best to approach a lawsuit.
Q: injured at work pushing wheelchairs and am now in a medical boot. I was told I can’t Return to whiling wearing boot
1 Answer
| Asked
in
Employment Discrimination, Employment Law and Personal Injury
for
North Carolina
on
Answered on Sep 4, 2018
Answered on Sep 4, 2018
Peter N. Munsing's answer
If you have to have the boot you should be eligible for workers compensation. If they give you a problem contact a member of the NC Assn for Justice who handles workers comp. They give free consults.
If you have to have the boot you should be eligible for workers compensation. If they give you a problem contact a member of the NC Assn for Justice who handles workers comp. They give free consults.
Q: I have a question that no lawyers seem to know or would like to help me with. Can someone apply for jobs for another
Kirk Angel's answer
There is no employment law that prohibits this. Frankly, people fill out job applications for others on a frequent basis, i.e. parents, spouses, guardians. The only real issue would be signing another person's name. To do that, you would need the other applicant's permission, a power of attorney or the employer's agreement to most jobs. However, for governmental jobs, the government will probably require the applicant's actual signature or one from a person appointed under a power of...
There is no employment law that prohibits this. Frankly, people fill out job applications for others on a frequent basis, i.e. parents, spouses, guardians. The only real issue would be signing another person's name. To do that, you would need the other applicant's permission, a power of attorney or the employer's agreement to most jobs. However, for governmental jobs, the government will probably require the applicant's actual signature or one from a person appointed under a power of...
Q: My husband and I were fired from the same business on the same day. He called in sick and was fired and I was told that
Kirk Angel's answer
North Carolina is an employment-at-will state which means you can be fired for any reason and there is no liability for the employer unless there is an unlawful motive for the action taken against you. There are generally only two forms of unlawful motives: unlawful discrimination or unlawful retaliation. Discrimination in employment is unlawful if it is due to race, color, sex, national origin, religion, disability or age 40 or older. Retaliation in employment is unlawful only if you engaged...
North Carolina is an employment-at-will state which means you can be fired for any reason and there is no liability for the employer unless there is an unlawful motive for the action taken against you. There are generally only two forms of unlawful motives: unlawful discrimination or unlawful retaliation. Discrimination in employment is unlawful if it is due to race, color, sex, national origin, religion, disability or age 40 or older. Retaliation in employment is unlawful only if you engaged...
Q: Is it legal to put a tracker on a company truck without tell the employee
Kirk Angel's answer
There is no employment law in North Carolina that prohibits an employer from putting a GPS on its vehicle without telling the employee.
There is no employment law in North Carolina that prohibits an employer from putting a GPS on its vehicle without telling the employee.
Q: 7/2/18 denied FMLA due to lack of MD appts in 12 mo period. 8/1/18 met req. # MD appts., 8/3/18 -terminated.
Kirk Angel's answer
I am not exactly clear what the facts are based on the post. However, if you were an FMLA eligible employee and you were terminated for either (1) time away from work due to a serious health condition or (2) retaliation due to your use of FMLA leave, then you may have a legal claim against your employer. You should consult with an experienced employment attorney to discuss the facts and get advice on how to proceed.
I am not exactly clear what the facts are based on the post. However, if you were an FMLA eligible employee and you were terminated for either (1) time away from work due to a serious health condition or (2) retaliation due to your use of FMLA leave, then you may have a legal claim against your employer. You should consult with an experienced employment attorney to discuss the facts and get advice on how to proceed.
Q: Can I be charged for warning a coworker not to eat at a fastfood restuarant because someone working there has hiv?
1 Answer
| Asked
in
Criminal Law, Employment Law and Federal Crimes
for
North Carolina
on
Answered on Aug 1, 2018
Answered on Aug 1, 2018
Bill Powers' answer
1. You don't get HIV that way; and,
2. Talking about someone with HIV isn't a criminal offense in NC; and,
3. Check out: https://www.avert.org/hiv-transmission-prevention/how-you-get-hiv
No incident of food being contaminated with HIV-infected blood or semen has been reported to CDC. Furthermore, CDC has received no reports of HIV infection resulting from eating food, including condiments. HIV does not live long outside the body. Even if small amounts of HIV-infected...
1. You don't get HIV that way; and,
2. Talking about someone with HIV isn't a criminal offense in NC; and,
3. Check out: https://www.avert.org/hiv-transmission-prevention/how-you-get-hiv
No incident of food being contaminated with HIV-infected blood or semen has been reported to CDC. Furthermore, CDC has received no reports of HIV infection resulting from eating food, including condiments. HIV does not live long outside the body. Even if small amounts of HIV-infected...
Q: Non Compete Agreements are they enforcable in NC
Paige Kurtz's answer
Yes, non-competes are generally enforceable in North Carolina. However, there are certain requirements and it is also a fact-specific analysis. You should certainly have an attorney review the non-compete before taking any action.
Yes, non-competes are generally enforceable in North Carolina. However, there are certain requirements and it is also a fact-specific analysis. You should certainly have an attorney review the non-compete before taking any action.
Q: I been working for my labor job for a year and they haven't offered me health insurance.
Kirk Angel's answer
If you were hurt on the job, this should be covered under Workers Compensation. You may need to speak to a Workers Compensation attorney about this. However, you might be able to sue for health coverage depending on a number of different facts and whether you meet the terms of the employer's health insurance eligibility policy.
If you were hurt on the job, this should be covered under Workers Compensation. You may need to speak to a Workers Compensation attorney about this. However, you might be able to sue for health coverage depending on a number of different facts and whether you meet the terms of the employer's health insurance eligibility policy.
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