There is no clear answer to this question, as it basically depends on whether a judge/jury believes you not getting the promotion was because of a good faith complaint.

Hi more information is needed here. If your vertigo qualifies as a disability under the Americans with Disabilities Act, and you request a reasonable accommodation, the employer should work with you on getting an accommodation you need. I would reach out to an employment law attorney in your state... View More

I am lost. Could you please give more context. What is your employer's position? Or is it even related to your employment? It is not illegal to take a picture of someone in a public place.

More information is needed but it sounds like you may have a claim.

No. The employer cannot force you to take the FMLA leave. If both ADA and FMLA apply, you are entitled to pick the more beneficial option. Sounds like you may need to contact an attorney.

Yes. You can take action. You should hurry though because you are running up against the statute of limitations. You should be able to use the documentation and text messages that you already have in your possession. You may take the restaurant to small claims court for the difference in the amount... View More

First, it should be determined if the employee was actually overpaid. If there was an overpayment, the employer may ask them to return the money. If the employee refuses to return the money, the employer may take them to court to recover it.

You have a right to complain about unpaid wages but you may not be allowed to choose your worksite unless you have an employment contract that says otherwise. You can complain through your company's formal channels about the unpaid wages and the worksite's timekeeping issues. If that is... View More

You do not have to answer. However, the employer can terminate you for not answering.

Your employer can reduce your pay at any time. However, it can only reduce it for future work. It is unlawful for your employer to reduce your pay for time already worked. You can file a wage complaint with the NC Department of Labor's Wage and Hour Division.

Yes, if your wife resigns voluntarily, she will likely be denied unemployment benefits. Was her infection in any way connected to her employment? Is she able to work now? She could be entitled to workers' comp benefits. I am not clear why her employer is asking her to resign. This could give... View More

You should retain a criminal defense attorney. He or she may be able to make all the difference. Do not face this alone! Once the case is resolved, you could probably expunge it. Good luck!

Do you have your employment contract handy? I would need to examine what was promised to you at the time you accepted employment. NC Wage and Hour Act may have been implicated, here if your employer failed to pay wages as promised.

Are you a member of a protected class? Based on race, color, national origin, gender, age, or disability? If you are a female and your coworker is a male individual, you could have a potential claim for discrimination. Similarly, if you are an African American and your coworker is white, you may... View More

As to the commission change, the employer can change your compensation, including commission, at any time. However, the change cannot be retroactive. This means that if you earned commission under the new structure, you are entitled to the amount so earned. Even so, they can change the commission... View More

Unfortunately, dating is not a protected activity, so yes, your employer can terminate you based on that. In NC and many other states, employer may terminate employee for any reason or no reason at all as long as it does not violate any public policy. Dating does not implicate any public policy.

In general, it is not unlawful to terminate you for "taking care" of your child's needs. However, if you worked for an FMLA covered employer and were FMLA eligible, taking your child to the hospital could be covered by the FMLA. If it was, you may have a wrongful firing claim based on the FMLA.

Yes, you can be ordered back even if you were previously allowed to work at home. However, if your conditions are covered by the ADA, you would want to request work-from-home as a reasonable accommodation.

FMLA is for 12 weeks only unless you are caring for an injured service member. No other law in North Carolina guarantees leave as such if you are unable to return to work after 12 weeks of FMLA, it is lawful to terminate you with limited exceptions. They cannot force you to resign, but they can... View More

Hard question to answer without a lot more facts and weighing of options. However, in general, having a record of what transpired is usually a positive thing.