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?
It depends on what the wage agreement, or promised wage, is with your employer. If the agreement is, for example, that you will be paid 50% of the gross of amount of all services, there is an argument that you should get paid whether the employer does or not. If the agreement does not say that,...Read more »
Yes. Your parole officer has no control over the employment law in this state. This state is an employment-at-will state where an employee can be fired at any time for any reason. Your employer no duty to consult with, agree with, or listen to the parole officer with respect to reasons for...Read more »
In order for a non-compete to be valid, there must be some consideration. Usually, the consideration is in conjunction with the employment itself. Unless they provided you with some consideration other than the employment, it would not be valid.
I think you posted this before. There is no legal claim for changing the timesheet. If she changed the timesheet, and that change resulted in you not being paid for time worked, you should report it to management/HR and you would have a legal claim for the unpaid time.
I am an employee in NC who has injured a toe and have received a doctor's note to "avoid prolonged periods of standing" at work for 1 week. My employer has told me I cannot come into work all week because of this, even though many of my job duties include working at a desk where no standing is... Read more »
Employers in this state are not required to honor doctor's notes or change, modify or remove any job duty due to a health/medical condition unless same is covered by the FMLA or the ADA. It is hard to tell if your situation is covered by either law from these facts, but my guess is that it is not.
Our managers took a trip to corporate, & the CEO told our district manager to let the employees know that if the cash drawer has a shortage, the person assigned to close the drawer that night will receive a write up and have to pay it back.
There are multiple people who use the cash drawer... Read more »
It would not be lawful for them to deduct if from your pay (directly) without your signed acknowledgement. However, they could simply say "pay it back or be fired." As you noted, this is an employment-at-will state where an employee can be fired for any reason. You cannot sue them for "trying to...Read more »
The employer is not required to pay more than minimum wage unless it promised you a specific higher wage or you were entitled to overtime. The first question is: were you being paid more than minimum wage before that pay period? The second question is: if so, did the employer notify you of the...Read more »
This is a complex question and you will need to speak directly to an employment attorney so that s/he can get more information about the situation. However, more than likely this is a violation of the law although I cannot be sure at this point. Do not wait; consult with an experienced employment...Read more »
Can a company give false information to the NC Department of Employment Security? Yes. If it is given under oath, such as during a hearing, the DES possibly could pursue perjury charges. If you still have an active claim and/or your time to appeal has not expired, then you can give the DES the...Read more »
That is wage theft and it is unlawful. You should consult with an experienced employment attorney as soon as possible to discuss your options. Keep in mind that attorneys are prohibited from contacting you, so you must reach out to the attorney of your choice.
I am about to get hired by a company that is in the home service business. My concern is that they want me to sign a non-compete agreement. After reading it I am concerned that I would be stuck with the company or will not be allowed to work in the field I have experience in if they fire me or I... Read more »
Yes, non-competes are valid in North Carolina, but they are subject to certain restrictions. They are valid in all states except California. If you are concerned about its validity in North Carolina, have an attorney review the clause and advise you on any issues with it.
Not sure I understand your question. If you are asking if someone can legally audio record a meeting where an employee receives a write up, the answer is yes. North Carolina is a "one party consent" state which means any participant to a conversation can record with or without the other...Read more »
HR and Employee Relations have had to intervene on my behalf back in Dec and Jan due to my boss retaliating against me by giving me additional work not given to the rest of the team. It's a long story, but eventually my stressful work environment took it's toll and I had an anxiety attack... Read more »
In general, yes your employer can deny the doctor's request. If you are covered by the Americans With Disabilities Act, the employer has a duty to consider reasonable accommodations for your condition (with or without a doctor's note). The decision on whether the employer has a duty to grant an...Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.