I am provided with a company vehicle and wear company shirts. They pay worker comp insurance as of to date and also pay for all materials needed for the job . I do not have any control over profit or loss. They do not take out taxes. I am paid a flat rate weekly salary. We use to get a... Read more »
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...Read more »
My male coworker is paid $17k more than me per year. I know because he left his paystub up on his computer screen, when he asked me to help him with something at this desk. We have the same exact job responsibilities. This person only has a couple more years of industry experience than myself and... Read more »
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...Read more »
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.
I worked for a cupcake franchise for 2 months and quit because the weren’t pay any employees correctly or providing pay stubs. Our time logs were all posted on an app so i have accurate records of what my paychecks were supposed to be as well and an excel spreadsheet of the checks they wrote... Read more »
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...Read more »
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...Read more »
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...Read more »
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.
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...Read more »
This is a complex question and the answer will depend on the specific facts. However, in general if you work for a non-governmental employer, you may be able to sue if your employer has a policy of offering health insurance after 90 days to all employees in the same job category as you and you meet...Read more »
Not if you are an employee. The wage and hour law covering employers in this state require the employer to give notice of a pay change before the work is performed. Employers must also must pay minimum wage and $3.00 is well below minimum wage. You can contact the North Carolina Department of...Read more »
they have messed up my paycheck since i started i get paid 15 hrly but one paycheck says 14.99 and its like they are not trying to pay me the overtime im owed, ive been going to the doctor for a medical reason regarding me working for the employer but he sees me as a health risk and he wants me to... Read more »
If your employer is not paying you the promised wage, and has not notified you in writing that the promised wage changed, then you can file a claim for the unpaid portion. In this case it appears that would be one cent.
In general, just talking to you about resigning or even encouraging you...Read more »
Of her salary for this period and there qrtly bonuses. She called just to find out how much and they would not release any payroll info. In NC. Are they not obligated to at least tell you what is owed upon termination?
I documented date and time of employee discrimination incidents because I know it is being recorded. It is the security surveillance of the building. It's recorded daily. Give them date and time, they can pull it up.
You may be able to use the video if you have it. If you have an EEOC proceeding, let the investigator know you have the vide and offer to submit it to him/her. As for court, you would have to demonstrate several things to the Judge including that the video is what it purports to be (i.e. is the...Read more »
There was a mistake on my time sheet, and I basically got paid for 40 hours when I had only worked 20. My boss realized the mistake a whole week before I got the check, but he never told me I would be paid too much money. what is legal here?
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