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North Carolina Employment Law Questions & Answers
1 Answer | Asked in Employment Law for North Carolina on
Q: I am a non- exempt employee and my manager changed my time sheet. What actions should I take for her unlawful doings?
Kirk Angel
Kirk Angel answered on May 28, 2018

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.

1 Answer | Asked in Employment Law and Employment Discrimination for North Carolina on
Q: What rights do I have being sent home from work due to a doctor's note, yet I am still able to perform many job duties?

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 »

Kirk Angel
Kirk Angel answered on May 28, 2018

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.

1 Answer | Asked in Employment Law for North Carolina on
Q: Can an employer in SC read texts, or listen to conversations, or GPS track a company cell phone without informing you?

I work in SC and live in NC, and take phone home.

Kirk Angel
Kirk Angel answered on May 28, 2018

You need to also post this in the South Carolina section to see what laws apply there. However, there is no employment law that prohibits any of these acts in North Carolina.

1 Answer | Asked in Employment Law for North Carolina on
Q: Can my SC employer read text messages, listen to phone calls, and GPS track a cell phone they issued without my consent?

I work in SC and live in NC, and carry phone all the time.

Kirk Angel
Kirk Angel answered on May 28, 2018

You need to also post this in the South Carolina section to see what laws apply there. However, there is no employment law that prohibits any of these acts in North Carolina.

1 Answer | Asked in Employment Discrimination and Employment Law for North Carolina on
Q: NC Labor Laws and Employer

If you have provided medical accommodations information regarding your bathroom breaks can a job request that you make up time

Kirk Angel
Kirk Angel answered on May 28, 2018

North Carolina has no law that applies to this situation and only the federal Americans With Disabilities Act applies. In short, yes they can request you make up the time.

1 Answer | Asked in Employment Law for North Carolina on
Q: My employer decided to change a policy by telling upper management to verbally relay the message to us.

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 »

Kirk Angel
Kirk Angel answered on May 28, 2018

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 »

1 Answer | Asked in Employment Law for North Carolina on
Q: I received a message saying that my time sheet has been changed. Isn’t that illegal to change someone’s time they worked
Kirk Angel
Kirk Angel answered on May 28, 2018

It is not unlawful to adjust or change a timesheet in general. It is unlawful not to pay you for time worked if you are a non-exempt employee.

1 Answer | Asked in Employment Law for North Carolina on
Q: I recently quit my job and was only paid minimum wage for hours worked the previous pay period before quitting .
Kirk Angel
Kirk Angel answered on May 24, 2018

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 »

1 Answer | Asked in Employment Law for North Carolina on
Q: I had to go to court to testify. And for missing 3 hours my boss fired me. I had let him know the same day i got served.

Can my boss fired me. I lost my job , now my home everything. He was yelling at me told me i should have keeped my stupid mouth close .and i had worked there for 10 years.

Kirk Angel
Kirk Angel answered on Apr 6, 2018

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 »

1 Answer | Asked in Employment Law for North Carolina on
Q: Can a company give false information to keep one for getting unemployment

I have solid proff of negligence of false termination and false information was given to NC unemployment to keep me from getting it

Kirk Angel
Kirk Angel answered on Mar 31, 2018

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 »

1 Answer | Asked in Employment Law for North Carolina on
Q: My employer takes an hour away from employees each day whether they take a lunch break or not. Is this legal?

We work 10-12 hour shifts and only get paid for 9-11 whether a lunch is taken or not.

Kirk Angel
Kirk Angel answered on Mar 28, 2018

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.

1 Answer | Asked in Contracts and Employment Law for North Carolina on
Q: North Carolina non-compete agreement as a service technician?

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 »

Paige Kurtz
Paige Kurtz answered on Mar 23, 2018

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.

1 Answer | Asked in Employment Law for North Carolina on
Q: Is it legal in the state of North Carolina to record a disciplinary write up?
Kirk Angel
Kirk Angel answered on Mar 11, 2018

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 »

1 Answer | Asked in Employment Law and Employment Discrimination for North Carolina on
Q: Can an employer deny my doctor's request for limited hours?

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 »

Kirk Angel
Kirk Angel answered on Mar 8, 2018

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 »

1 Answer | Asked in Employment Law and Employment Discrimination for North Carolina on
Q: Is it legal to fill a laid off position in NC with a male counterpart of approximately the same age into the same job?

Recently dismissed from a company after 15 years without incident or cause. I am a mid 40s, white female. Was told "the brand is moving in a different direction." And yet, the current supervisor (white male) filled the same position with one of MY former employees (white male).

Kirk Angel
Kirk Angel answered on Mar 1, 2018

Yes, unless the reason the male was placed in your former position due to sex. If you allege that it is due to sex, you will need sufficient evidence to prove sex was the reason. You have 180 days from the incident of alleged discrimination to file a charge with the EEOC.

1 Answer | Asked in Employment Law for North Carolina on
Q: Can my employer lower my hourly pay less than what I got hired for, After I came back from short term disability?

N/

Kirk Angel
Kirk Angel answered on Feb 21, 2018

Your employer is legally allowed to change your pay at any time as long as it is paying you at least minimum wage. The law requires the employer must notify you of any change in writing before the change occurs when you are continuing in the same position. This situation is more complex because... Read more »

1 Answer | Asked in Business Law and Employment Law for North Carolina on
Q: Resigned from job, returned equipment and was given incorrect address, the job wants me to pay again for their mistake.

I resigned from my job and returned their equipment. I fulfilled my obligation and was given the incorrect mailing address (zip code). I called several times with the carrier to correct the mistake and I also informed the manager with a screenshot of the info I was given. They apologized for giving... Read more »

Kirk Angel
Kirk Angel answered on Feb 20, 2018

This actually is not an employment law question. This is simply a matter of having property that does not belong to you that needs to be return. In general, yes, they can expect you to return their property regardless of the cost or the reason for an additional cost. I recommend you speak to... Read more »

1 Answer | Asked in Employment Law for North Carolina on
Q: Is my former employer allowed to disclose my job title when asked by a potential future employer?

I was laid of as a Project Controls Manager but in the HR database is still my old title Project Analyst. Former Supervisor refused to correct the title in the system while I was employed. I am concerned that potential future employers call my last employer and get the impression that I make false... Read more »

Kirk Angel
Kirk Angel answered on Feb 20, 2018

Yes. Unless there is a specific law against its release (and there are few such laws), then the employer tell a future employer anything it wants about your employment. Even if untrue.

1 Answer | Asked in Employment Law for North Carolina on
Q: Negotiated 6 mo severance paid over 6 mo, was laid off, they agreed to pay but now want to it claw back.

I negotiated 6 months severance upfront, paid over 6 months for company cash flow reasons, and have it in writing in my contract. I was laid off and the company agreed to pay. Now with the last couple of payments left they want to take it back saying that there was an outstanding invoice from a... Read more »

Kirk Angel
Kirk Angel answered on Feb 20, 2018

Get an experienced employment attorney to review the agreement and consult with you as soon as possible. Do not delay as it could prejudice your rights.

1 Answer | Asked in Employment Law for North Carolina on
Q: In Nort Carolina, can an employer force an hourly employee to do a job that is not the employees job or department

This job reqiures training and is not a sanitary position.

A truck driver by hire; and cleaning out a man hole by force

Kirk Angel
Kirk Angel answered on Feb 18, 2018

Can you be forced to do a job that is not your normal job? No. The employer has no legal way to force you. However, you can be fired if you refuse to do such a job. In these situations, I always recommend the employee access the importance of continued employment. If you do not need the job,... Read more »

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