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North Carolina Employment Law Questions & Answers
1 Answer | Asked in Employment Law for North Carolina on
Q: i am salaried and get no deductions for materials on my taxes i am considered an independent contractor or employee

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 »

Kirk Angel
Kirk Angel answered on Sep 28, 2018

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 »

1 Answer | Asked in Employment Discrimination and Employment Law for North Carolina on
Q: Could this be an example of unequal pay?

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 »

Kirk Angel
Kirk Angel answered on Sep 6, 2018

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 »

1 Answer | Asked in Employment Discrimination and Employment Law for North Carolina on
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?
Kirk Angel
Kirk Angel answered on Sep 6, 2018

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.

1 Answer | Asked in Employment Law for North Carolina on
Q: Withholding Pay

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 »

Kirk Angel
Kirk Angel answered on Sep 5, 2018

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.

1 Answer | Asked in Employment Discrimination, Employment Law and Personal Injury for North Carolina on
Q: injured at work pushing wheelchairs and am now in a medical boot. I was told I can’t Return to whiling wearing boot
Peter N. Munsing
Peter N. Munsing answered on Sep 4, 2018

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.

1 Answer | Asked in Employment Law for North Carolina on
Q: Can my current employer legally post my job online even though I have yet to give my 2 weeks notice or get the new job?

Had an interview. Current employer got wind of possible other job.

Kirk Angel
Kirk Angel answered on Aug 31, 2018

Yes. Also, and in most cases your employer could fire you as well.

1 Answer | Asked in Employment Law for North Carolina on
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

Person on there behalf? Maybe using special forms, like a power of attorney?

Kirk Angel
Kirk Angel answered on Aug 28, 2018

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 »

1 Answer | Asked in Employment Law for North Carolina on
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

my coworkers didn’t like working with me so I was fired. Do we have a case?

Kirk Angel
Kirk Angel answered on Aug 27, 2018

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 »

1 Answer | Asked in Employment Law for North Carolina on
Q: Is it legal to put a tracker on a company truck without tell the employee
Kirk Angel
Kirk Angel answered on Aug 4, 2018

There is no employment law in North Carolina that prohibits an employer from putting a GPS on its vehicle without telling the employee.

1 Answer | Asked in Employment Law for North Carolina on
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.

Never provided w/information on the amount of time required to "cure" lack of sufficient appointments/medical information.

Kirk Angel
Kirk Angel answered on Aug 4, 2018

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 »

1 Answer | Asked in Criminal Law, Employment Law and Federal Crimes for North Carolina on
Q: Can I be charged for warning a coworker not to eat at a fastfood restuarant because someone working there has hiv?

I learned of this person hiv status at a previous job 4 years previous.

Bill Powers
Bill Powers answered on Aug 1, 2018

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...
Read more »

1 Answer | Asked in Business Law, Employment Law and Contracts for North Carolina on
Q: Non Compete Agreements are they enforcable in NC

Competitor want to hire me at a 12% increase in salary. Company I work for now will not match. We service some of the same customers but in differant capacities. Is the non compete enforcable?

Paige Kurtz
Paige Kurtz answered on Jul 23, 2018

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.

1 Answer | Asked in Employment Law for North Carolina on
Q: I been working for my labor job for a year and they haven't offered me health insurance.

I'm suppose to be offered health insurance 90 days of employment. I got hurt a my job now my employer acting like they don't want to get me medical checked. Can I sue?

Kirk Angel
Kirk Angel answered on Jul 23, 2018

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 »

1 Answer | Asked in Employment Law for North Carolina on
Q: Can I sue if my job hasn't offered me health insurance by 91 days?
Kirk Angel
Kirk Angel answered on Jul 23, 2018

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 »

1 Answer | Asked in Employment Law for North Carolina on
Q: If I gave a two week notice and then two days later my employer deducted money from my paycheck, dropping me to $3/hr?

Is it legal to deduct over $150 from my paycheck, dropping me to $3/hr, and without telling me until the moment my employer gave me my check?

Kirk Angel
Kirk Angel answered on Jul 15, 2018

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 »

1 Answer | Asked in Employment Law, Employment Discrimination and Health Care Law for North Carolina on
Q: My employer keeps asking me to quit because he said i was a health risk and isnt paying me right. Do I have a case?

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 »

Kirk Angel
Kirk Angel answered on Jul 11, 2018

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 »

1 Answer | Asked in Employment Law for North Carolina on
Q: Wife was terminated last Thursday and payday for the previous pay period was the next day. She is still owed for a week

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?

Kirk Angel
Kirk Angel answered on Jul 5, 2018

No. The employer is not obligated to tell her how much she is owed. However, it is required to provide her with a paystub when she receives her pay.

1 Answer | Asked in Employment Law for North Carolina on
Q: When terminated by employer and when employee ask for justification of termination, by law is the employer supposed to

explain the reason for termination to the employee?

Kirk Angel
Kirk Angel answered on Jun 30, 2018

No. The law in North Carolina does not require an employer to provide a reason for termination.

1 Answer | Asked in Employment Law and Employment Discrimination for North Carolina on
Q: When it comes to an eeoc investigation and or lawsuit matters, can the surveillance footage of the building be used?

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.

Kirk Angel
Kirk Angel answered on Jun 19, 2018

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 »

1 Answer | Asked in Employment Law for North Carolina on
Q: my employer paid me too much last week. can they take it out of my next check, even though it was their mistake?

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?

Kirk Angel
Kirk Angel answered on Jun 10, 2018

Yes. The law allows the employer to recover erroneously paid wages directly from the employee.

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