Get free answers to your Employment Law legal questions from lawyers in your area.
answered on Apr 20, 2019
Possible, but likely not. Workplace bullying is not unlawful in this state. The only time that you would be able to file a claim for bullying is if it arises to the level of unlawful harassment (pretty much synonymous with the term "hostile environment." Harassment is unlawful only if it... View More 
I'm headed in for a meeting with the store manager later in the day, though my fear is that my request for being paid my lost wages and switching all my hours for the lower wage to the vastly superior wage. I'm an hourly worker and I have a few coworkers with a similar problem.
answered on Apr 14, 2019
If the employer is not paying you a promised wage, you can file a complaint for free with the North Carolina Department of Labor's Wage and Hour Bureau. Search online and their website will give you information on filing via phone.
My boss says the training is required, but it was not in my contract.
answered on Feb 13, 2019
Yes, he can lawfully fire you for leaving. In fact, whether you are paid hourly or salary, non-exempt or exempt, you can be fired for leaving if your employer expects or demands that you stay beyond your shift.
You mentioned a contract. If it is actually an enforceable employment contract,... View More
i was ''Voluntarly Terminated'' during Hurricane Florence in NC and now i am receiving a letter stating that NCDPS overpaid me and that i need to may payments. I wasnt paid for a Week of work nor did i get paid for my leave days that were used during the Storm.
answered on Jan 28, 2019
I do not see a question. However, if you really were overpaid, then the DPS can institute legal action to get that money back.
Review and advise on an IAR agreement.
answered on Jan 25, 2019
You could contact the North Carolina Bar Association for assistance. They have an attorney referral service.
Tim Akpinar
answered on Jan 14, 2019
Yes. North Carolina is an employment-at-wills state where an employer can take any action it wants against an employee for good reason, bad reason or no reason at all. As such, your friend's employer can suspend him at any time for any reason. Also, If your friend is not working, the... View More
They say they are an equal opportunity employer, but do not want to hire me because of hearing loss.
answered on Nov 23, 2018
The employer may be able to based on a US Supreme Court case that expanded the "ministerial" exemption in employment law. It is a complex issue that you will need to consult directly with an experienced employment attorney about to get a specific answer.
When I interviewed for this job over three months I was extremely adamant that one of the most important thing for me was trans parent see because I have just gone through one hell of or to your run in terms of personal issues and losing work to no fault of my own. I interviewed three times and... View More
answered on Oct 19, 2018
If the company had a lot of cash. they wouldn’t be in reorganization bankruptcy. Consult an experienced bankruptcy attorney who may be able to fashion you into a creditor.
I am provided with a company vehicle and wear company shirts. They pay worker comp insurance as of to date and also pay for all materials needed for the job . I do not have any control over profit or loss. They do not take out taxes. I am paid a flat rate weekly salary. We use to get a... View More
answered on Sep 28, 2018
There is no one single definition of "employee." For example, the definition used by the EEOC is different from the definition used by the IRS. However, if the company is taking taxes out of your check then you are likely to be an employee. In general, the more control that is exerted... View More
My male coworker is paid $17k more than me per year. I know because he left his paystub up on his computer screen, when he asked me to help him with something at this desk. We have the same exact job responsibilities. This person only has a couple more years of industry experience than myself and... View More
answered on Sep 6, 2018
Paying a male more than a female may be a violation of Title VII of the Civil Rights Act which prohibits discrimination on the basis of sex and/or the Equal Pay Act which requires employers to pay females the same as males for the same work. However, there are a number of defenses possible under... View More
answered on Sep 6, 2018
In general, under our Wage and Hour law, an employer is not required to pay an exempt employee's salary for any whole day the employee is absent from work for any reason. This is in general, so I recommend you consult with an experienced employer side attorney.
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
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