Get free answers to your Employment Law legal questions from lawyers in your area.
I worked for a cupcake franchise for 2 months and quit because the weren’t pay any employees correctly or providing pay stubs. Our time logs were all posted on an app so i have accurate records of what my paychecks were supposed to be as well and an excel spreadsheet of the checks they wrote... View More
answered on Sep 5, 2018
If the NCDOL would not help, you only other option would be to file a lawsuit against them. You should consult with an attorney to discuss how best to approach a lawsuit.
answered on Sep 4, 2018
If you have to have the boot you should be eligible for workers compensation. If they give you a problem contact a member of the NC Assn for Justice who handles workers comp. They give free consults.
Had an interview. Current employer got wind of possible other job.
answered on Aug 31, 2018
Yes. Also, and in most cases your employer could fire you as well.
Person on there behalf? Maybe using special forms, like a power of attorney?
answered on Aug 28, 2018
There is no employment law that prohibits this. Frankly, people fill out job applications for others on a frequent basis, i.e. parents, spouses, guardians. The only real issue would be signing another person's name. To do that, you would need the other applicant's permission, a power... View More
my coworkers didn’t like working with me so I was fired. Do we have a case?
answered on Aug 27, 2018
North Carolina is an employment-at-will state which means you can be fired for any reason and there is no liability for the employer unless there is an unlawful motive for the action taken against you. There are generally only two forms of unlawful motives: unlawful discrimination or unlawful... View More
answered on Aug 4, 2018
There is no employment law in North Carolina that prohibits an employer from putting a GPS on its vehicle without telling the employee.
Never provided w/information on the amount of time required to "cure" lack of sufficient appointments/medical information.
answered on Aug 4, 2018
I am not exactly clear what the facts are based on the post. However, if you were an FMLA eligible employee and you were terminated for either (1) time away from work due to a serious health condition or (2) retaliation due to your use of FMLA leave, then you may have a legal claim against your... View More
I learned of this person hiv status at a previous job 4 years previous.
answered on Aug 1, 2018
1. You don't get HIV that way; and,
2. Talking about someone with HIV isn't a criminal offense in NC; and,
3. Check out: https://www.avert.org/hiv-transmission-prevention/how-you-get-hiv
No incident of food being contaminated with HIV-infected blood or semen... View More
Competitor want to hire me at a 12% increase in salary. Company I work for now will not match. We service some of the same customers but in differant capacities. Is the non compete enforcable?
answered on Jul 23, 2018
Yes, non-competes are generally enforceable in North Carolina. However, there are certain requirements and it is also a fact-specific analysis. You should certainly have an attorney review the non-compete before taking any action.
I'm suppose to be offered health insurance 90 days of employment. I got hurt a my job now my employer acting like they don't want to get me medical checked. Can I sue?
answered on Jul 23, 2018
If you were hurt on the job, this should be covered under Workers Compensation. You may need to speak to a Workers Compensation attorney about this. However, you might be able to sue for health coverage depending on a number of different facts and whether you meet the terms of the employer's... View More
answered on Jul 23, 2018
This is a complex question and the answer will depend on the specific facts. However, in general if you work for a non-governmental employer, you may be able to sue if your employer has a policy of offering health insurance after 90 days to all employees in the same job category as you and you meet... View More
Is it legal to deduct over $150 from my paycheck, dropping me to $3/hr, and without telling me until the moment my employer gave me my check?
answered on Jul 15, 2018
Not if you are an employee. The wage and hour law covering employers in this state require the employer to give notice of a pay change before the work is performed. Employers must also must pay minimum wage and $3.00 is well below minimum wage. You can contact the North Carolina Department of... View More
they have messed up my paycheck since i started i get paid 15 hrly but one paycheck says 14.99 and its like they are not trying to pay me the overtime im owed, ive been going to the doctor for a medical reason regarding me working for the employer but he sees me as a health risk and he wants me to... View More
answered on Jul 11, 2018
If your employer is not paying you the promised wage, and has not notified you in writing that the promised wage changed, then you can file a claim for the unpaid portion. In this case it appears that would be one cent.
In general, just talking to you about resigning or even encouraging you... View More
Of her salary for this period and there qrtly bonuses. She called just to find out how much and they would not release any payroll info. In NC. Are they not obligated to at least tell you what is owed upon termination?
answered on Jul 5, 2018
No. The employer is not obligated to tell her how much she is owed. However, it is required to provide her with a paystub when she receives her pay.
explain the reason for termination to the employee?
answered on Jun 30, 2018
No. The law in North Carolina does not require an employer to provide a reason for termination.
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.
answered on Jun 19, 2018
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... View 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?
answered on Jun 10, 2018
Yes. The law allows the employer to recover erroneously paid wages directly from the employee.
I am an employee and she takes the taxes out of my check I do not fill out a 1099
answered on Jun 3, 2018
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,... View More
answered on Jun 3, 2018
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... View More
Start date June 18, 2018. Wants non compete signed now eventhough I do not start till June 18, 2018. If i decide last minute not to start with them can they hold this against me.
answered on May 29, 2018
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.
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