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North Carolina Employment Law Questions & Answers
1 Answer | Asked in Employment Law for North Carolina on
Q: Should I allow a hearing to be recorded after being terminated from my job? The Town attorney will be present.
Kirk Angel
Kirk Angel
answered on Dec 6, 2020

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.

1 Answer | Asked in Contracts, Employment Law, Civil Litigation and Intellectual Property for North Carolina on
Q: I was promised in writing equity for part of my comp. I was fired for no reason due to owner and outside persons action

Essentially I was promised the same type of equity the owner had as part of my total compensation. This is in writing through emails and recorded conversations. The owner was looking at an outside person for advice on many situations, whereby this outsider told me to take action contrary to the... View More

Kirk Angel
Kirk Angel
answered on Dec 6, 2020

It depends. The primary issue will be what does the written document say about the "equity" and the effect your termination has on it. You should consult with an employment attorney as soon as possible.

1 Answer | Asked in Employment Law for North Carolina on
Q: If I work for a company like skyes work from home customer service job. Could I pay someone to do my job for me?

Is it illegal?

Ben Corcoran
Ben Corcoran
answered on Dec 2, 2020

Highly likely that this would be against your employment contract, but without reading that I couldn't give an opinion on whether or not this may be allowed. I would suggest against it though as I strongly suspect that this would be a breach of your employment contract.

1 Answer | Asked in Employment Law for North Carolina on
Q: Is this discrimination?

Hello.

I applied for a job, went for the interview, and got hired. At the interview, I paid $25 for a drug test & background check (which I passed). I came in the next week for job training. It was a 7 hour training & I have ADHD so I was fidgeting and moving around. I passed all... View More

Carrie Dyer
Carrie Dyer
answered on Nov 11, 2020

It does not sound like your employer knew about your ADHD until after they informed you that you would no longer be hired for the position. An employer cannot discriminate against you on the basis of a disability they are not aware of at the time the adverse decision is made. Based on the... View More

1 Answer | Asked in Employment Law for North Carolina on
Q: My husband and I work for a gym where we both signed a non compete for 2 years upon getting hired. It is an

independently owned franchise and the owner is selling to a new owner. Can the new owner enforce the non compete?

Kirk Angel
Kirk Angel
answered on Oct 29, 2020

More than likely. However, you should get it reviewed by an attorney.

1 Answer | Asked in Employment Law for North Carolina on
Q: If i get tested for corona and told to stay home by the doctor for quarantine does my company have to pay me
Kyle Anderson
Kyle Anderson
answered on Oct 8, 2020

Hi, more info is needed here. The paid sick leave and expanded family and medical leave provisions of the FFCRA apply to certain public employers, and private employers with fewer than 500 employees. If your employer is covered (i.e., have less than 500 employees), you may be eligible for two weeks... View More

1 Answer | Asked in Employment Law and Military Law for North Carolina on
Q: Am I protected under USERRA?

I am prior service. I met with a national guard recruiter 2 weeks ago and was informed I need to go to meps to swear in. I gave my boss verbal and written notice for both Monday and Tuesday that day and again that following Monday. I worked half a day on Tuesday and went to meps and came back to... View More

Ben Corcoran
Ben Corcoran
answered on Oct 8, 2020

It is my understanding that you are not protected by USERRA for your trip to MEPS. Unfortunately, you are only protected for the time you are actually serving. I would look at this as a good thing, your employer was probably going to be very difficult once it came time to fulfill your guard... View More

Q: twice in 2020 my company forced me to quarantine for 14 days (28 total) without pay. this was in a 4.5 month span.

because of this I have left the company to find a better fit for me and I want to know if I can sue them for the lack of pay as it caused me to surrender a vehicle in my name and lose major credit score points?

Kyle Anderson
Kyle Anderson
answered on Aug 27, 2020

More information is required to fully analyze your claim. If you needed to quarantine because you came into contact with covid-19 or needed time off to care for a child whose school or daycare shut down for reasons related to covid-19, and your employer has less than 500 employees, you may be... View More

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Q: twice in 2020 my company forced me to quarantine for 14 days (28 total) without pay. this was in a 4.5 month span.

because of this I have left the company to find a better fit for me and I want to know if I can sue them for the lack of pay as it caused me to surrender a vehicle in my name and lose major credit score points?

Kyle Anderson
Kyle Anderson
answered on Aug 27, 2020

More information is required to fully analyze your claim. If you needed to quarantine because you came into contact with covid-19 or needed time off to care for a child whose school or daycare shut down for reasons related to covid-19, and your employer has less than 500 employees, you may be... View More

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2 Answers | Asked in Employment Law for North Carolina on
Q: Can I terminate an employee with a doctor note that states he can only work from home (vs. office) due to health issues?

I am not asking specifically about during COVID, just in general.

Neil Pedersen
Neil Pedersen
answered on Aug 17, 2020

Not if the employee can be accommodated to work from home. What that means is that if he can do the essential functions of his job by working from home without creating an undue hardship on the employer, then you as the employer will be required to extend that reasonable accommodation. Mere... View More

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1 Answer | Asked in Employment Law for North Carolina on
Q: I took my son to the doctor yesterday. He has Mono and his spleen is enlarged and the doctor is worried it will rupture

so she wrote him out of work for 1 week and said he should not lift over 5 pounds and needs to get lots of rest and to come back in a week to get his spleen checked. He called his work and let them know what was going on and I turned in his doctor note to them. He received a call a few hours later... View More

Kirk Angel
Kirk Angel
answered on Aug 14, 2020

Probably lawful. Employers in North Carolina are not required to allow employees off for medical/health issues unless the employer is covered by FMLA (has at least 50 employees) and the employee is eligible (employed for at least 12 months and worked 1250 hours).

1 Answer | Asked in Employment Law for North Carolina on
Q: Boss is forcing me to give 2 weeks & the reason is not performing according to his expectation.

I went back to work during covid 19. He is even bringing things back from last year complaints & planning to give me written ups & eventually fire me. He admits i am the hard worker but should move on. He asks me for resume so he can help me find a job & i did give him. WHAT SHOULD I... View More

Kirk Angel
Kirk Angel
answered on Aug 12, 2020

If you quit, with very few exceptions, you are not entitled to unemployment. Based on what you have shared, there are no exceptions that apply and you will not get unemployment if you quit (resign). Your boss cannot make you give a two week notice if you do not want to although he could fire you.... View More

1 Answer | Asked in Employment Law for North Carolina on
Q: Can I get unemployment benefits in NC for being fired for handing in a two week notice to resign?

I advised my employer on Thursday July 30, 2020 that I would be leaving my position two weeks from Monday August 3, 2020. Monday morning I get a text from the boss letting me go effective immediately. Can I receive unemployment benefits for my 2 weeks not worked due to being let go prior to the... View More

Rhiannon Herbert
Rhiannon Herbert
answered on Aug 4, 2020

The answer to your question will likely depend on whether you will be paid by the company for the remaining two weeks. If your employer has agreed to pay you for this time even though you're not working (either by agreement or as a severance benefit), then you will not be eligible for... View More

1 Answer | Asked in Employment Law for North Carolina on
Q: Is it legal to switch someone from salary to hourly?

My husband started with a company last year. The company cut his pay 10% due to covid even though their sales have gone up. Then a couple weeks later they switched him to hourly. They said by the 10th of this month he would have his 10% back and now are refusing to raise pay back up. Also, the boss... View More

Kirk Angel
Kirk Angel
answered on Jul 29, 2020

Yes. It is always lawful to switch a person from salary to to hourly. However, it may not be lawful to switch an employee from hourly to salary. It is also lawful to reduce an employee's wages with a couple of caveats. First, the reduction cannot be below the required amount, i.e. minimum... View More

1 Answer | Asked in Employment Law for North Carolina on
Q: Kirk Angel: Do you know Dept of Labor law regarding suspending employees? You said there's no legal way it must happen

Please read 25 NCAC 01J .0611 DISCIPLINARY SUSPENSION WITHOUT PAY.

Attorney in Fayetteville routinely suspends employees (without cause) then allows them back then suspends them again and again hoping employees will quit. Either way...suspended employee or employee who quits is not able to... View More

Kirk Angel
Kirk Angel
answered on Jul 11, 2020

I am confused by this post. Are you saying you are a state employee? 25 NCAC 01j.0611 is part of the NC State Human Resources Act which applies to state employees only. A state employee would be advised of a suspension. What does the attorney in Fayetteville have to do with that? Is the attorney... View More

1 Answer | Asked in Employment Law for North Carolina on
Q: HR txt: "You are suspended (not terminated) without pay until further notice. We will let you know when you may return."

No disciplinary actions ever. Is the txt legal and am I entitled to unemployment?

Kirk Angel
Kirk Angel
answered on Jul 11, 2020

There is no specific "legal" way for an employer to terminate your employment or communicate suspensions etc. They can tell you in person, call you text you, or communicate it in any other way. In fact, that can communicate it non-verbally such as by changing the keys to the facility or... View More

1 Answer | Asked in Civil Litigation, Contracts and Employment Law for North Carolina on
Q: Do I owe my employer money she paid me during the pandemic ? Am I still even in a no competition contract ?

I signed a 5 year no competition contract with the promotion of a assistant manager Jan 1st 2018 . I moved to California for almost a year, then moved back to North Carolina . She hired me back I never signed anything when I moved back . Also now that she has let me go she is say I owe her the... View More

Kirk Angel
Kirk Angel
answered on Jul 1, 2020

If you were an employee, and the money she gave you was for work you performed, it is not likely that you owe the money to her. If you were an employee, and it was not for work you performed, she might have a claim. If you were an independent contractor, the answer to the question would depend.... View More

1 Answer | Asked in Employment Law for North Carolina on
Q: I was called to hr at my job & given a letter stating. This was a temporary layoff/reduction in workforce & i filled for

I was called to hr at my job & given a letter stating. This was a temporary layoff/reduction in workforce & i filled for unemployeement & received it. THe determination was no work available. Yet the day after i was layed off the company brought someone else in & placed them in my... View More

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Jun 17, 2020

Not really. An employer in NC can fire you or lay you off for any reason that is not discriminatory unless you have a written employment contract. If your unemployment benefits are equal to your pay, you have no case at all even if you can prove this was discrimination.

1 Answer | Asked in Employment Law for North Carolina on
Q: can employer fire me and take away previous paycheck because of covid?

My employer has been paying everyone to stay at home. I put in my 2 week notice and my employer fired me on the spot and told me they won't pay me for the 2 weeks. They also told me I wont be paid for the previous 2 weeks either. I have a record of the hours worked before it got deleted online.

Rhiannon Herbert
Rhiannon Herbert
answered on May 6, 2020

Under the Fair Labor Standards Act, you must be paid for all hours worked. However, since North Carolina is an at-will employment state (meaning either you or your employer can terminate the employment relationship for any reason at any time), your employer is allowed to terminate your employment... View More

1 Answer | Asked in Employment Law for North Carolina on
Q: My employer did not invite me to a team building Virtual beer tasting, I don’t drink but I am on the leadership team

Employer is aware I’ve been in recovery from alcohol for 4 years. I’ve been on the leadership team with the company since I started over 3 years ago. An Instagram post from our company that read “team building for Thursday night” with pictures of beers in bags is how I discovered the... View More

Kirk Angel
Kirk Angel
answered on May 6, 2020

You did not post a question. However, by itself, there is nothing unlawful about the employer not inviting you.

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