Get free answers to your Employment Law legal questions from lawyers in your area.
answered on Apr 13, 2023
This is actually two questions. First, your boss has the right to require you attend at 10:30pm meeting. You have the right to refuse to go, but he can terminate you for not going. Second, whether your employer is required to pay you depends on whether you are an exempt or non-exempt employee. Your... View More
answered on Apr 10, 2023
The answer could depend on several factors, including why you weren't paid, whether payment was a condition of the noncompete agreement, and whether either party materially breached the agreement. You should consider consulting with an attorney who can review the agreement itself and help... View More
I am a partner of a large professional firm and a full-time contract paid me well with benefits. Last year I developed a disability and since have been on partial disability. Our group had a vote and decided to sell the company to another prominent organization. In my profession, 1-3 year contracts... View More
answered on Apr 9, 2023
There are quite a few factors that could potentially affect your rights. For just a few examples:
Are you an owner or an employee? How recently did the new company take over? Was the promise for equivalent pay included in a written contract between the two companies? Etc.
To be... View More
Hello. My brother in law started this job on 3/21/2023. The first payday was 3/31. He has still not received his pay as of today 3/5/2023. He has gone to HR, his manager, called payroll and everyone just says keep waiting or we don’t know. He is 2 days away from the second pay period. He asked... View More
answered on Apr 5, 2023
A North Carolina employee who has a wage & hour claim may start by filing a complaint with North Carolina Department of Labor. However, if the complaint is related to a final paycheck, the employee might not be able to file until at least 10 days after the missed payday.
Your... View More
I worked for a video production company in Charlotte, NC for about 5 years. I recall signing a noncompete when I first started, although I remember it only being a few lines of text. I no longer have the copy of it. I've started my own video production company, and I'm wondering what are... View More
answered on Apr 5, 2023
Most non-competes either define competition or at least give examples of what would constitute competition. So, the agreement itself sets the expectations for what you will and won't do. However, a non-compete can be unenforceable for various reasons, including prohibiting too much conduct... View More
I moved to NC from NY. In my offer letter I was offered a $7500 relocation bonus unaware that it would have to be paid back. Accepted the job.. 30 days after starting, I emailed HR asking when I would receive the bonus. HR then emailed me an agreement to be signed about paying back the relocation... View More
answered on Apr 2, 2023
As long as you didn’t sign the agreement, you have strong argument that the additional terms requiring you to repay the relocation bonus are not part of your agreement
Boss has anxiety issues and couldn’t control her emotions. Her behavior is quite narcissistic. Is it illegal for the company to put employees under her and be mentally abused?
answered on Mar 31, 2023
Generally speaking, it is not unlawful for an employer to assign employees to a manager with "mental" health issues. However, the manager's conduct would be unlawful if (for example) it rose to the level of prohibited discrimination, assault, battery, stalking, etc. An attorney would... View More
Odd thing is a coworker was out sick previously and I knew why and she made sure to tell me not to say anything in the teams chat because it goes against policy so why was my issue told to everyone without my consent. I know she made a mistake when she texted my cell phone saying she was sorry for... View More
answered on Mar 31, 2023
An employer could violate the law by disclosing an employee's medical information without consent or justification. But the answer would depend on several factors, including the specific information that was disclosed. For example, there are laws related to privacy (generally), disabilities,... View More
She told me I cannot use the bathroom when it was an emergent situation due to me knocking on the door and it was annoying her. She also told me I need to take my medical alert bracelet off when I'm working because it gets in the way of performing my job.
answered on Mar 7, 2023
While there is no general claim for harassment in the workplace, you cannot be harassed or treated differently than other employees based on a protected class characteristic (i.e. race, sex, age, disability, religion). If you believe your manager's conduct is connected to any of these... View More
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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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.... View 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... View More
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