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North Carolina Employment Law Questions & Answers
1 Answer | Asked in Employment Law for North Carolina on
Q: Withholding Pay

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

Kirk Angel
Kirk Angel
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.

1 Answer | Asked in Employment Discrimination, Employment Law and Personal Injury for North Carolina on
Q: injured at work pushing wheelchairs and am now in a medical boot. I was told I can’t Return to whiling wearing boot
Peter N. Munsing
Peter N. Munsing
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.

1 Answer | Asked in Employment Law for North Carolina on
Q: Can my current employer legally post my job online even though I have yet to give my 2 weeks notice or get the new job?

Had an interview. Current employer got wind of possible other job.

Kirk Angel
Kirk Angel
answered on Aug 31, 2018

Yes. Also, and in most cases your employer could fire you as well.

1 Answer | Asked in Employment Law for North Carolina on
Q: I have a question that no lawyers seem to know or would like to help me with. Can someone apply for jobs for another

Person on there behalf? Maybe using special forms, like a power of attorney?

Kirk Angel
Kirk Angel
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

1 Answer | Asked in Employment Law for North Carolina on
Q: My husband and I were fired from the same business on the same day. He called in sick and was fired and I was told that

my coworkers didn’t like working with me so I was fired. Do we have a case?

Kirk Angel
Kirk Angel
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

1 Answer | Asked in Employment Law for North Carolina on
Q: Is it legal to put a tracker on a company truck without tell the employee
Kirk Angel
Kirk Angel
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.

1 Answer | Asked in Employment Law for North Carolina on
Q: 7/2/18 denied FMLA due to lack of MD appts in 12 mo period. 8/1/18 met req. # MD appts., 8/3/18 -terminated.

Never provided w/information on the amount of time required to "cure" lack of sufficient appointments/medical information.

Kirk Angel
Kirk Angel
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

1 Answer | Asked in Criminal Law, Employment Law and Federal Crimes for North Carolina on
Q: Can I be charged for warning a coworker not to eat at a fastfood restuarant because someone working there has hiv?

I learned of this person hiv status at a previous job 4 years previous.

Bill Powers
PREMIUM
Bill Powers
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

1 Answer | Asked in Business Law, Employment Law and Contracts for North Carolina on
Q: Non Compete Agreements are they enforcable in NC

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?

Paige Kurtz
Paige Kurtz
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.

1 Answer | Asked in Employment Law for North Carolina on
Q: I been working for my labor job for a year and they haven't offered me health insurance.

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?

Kirk Angel
Kirk Angel
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

1 Answer | Asked in Employment Law for North Carolina on
Q: Can I sue if my job hasn't offered me health insurance by 91 days?
Kirk Angel
Kirk Angel
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

1 Answer | Asked in Employment Law for North Carolina on
Q: If I gave a two week notice and then two days later my employer deducted money from my paycheck, dropping me to $3/hr?

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?

Kirk Angel
Kirk Angel
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

1 Answer | Asked in Employment Law, Employment Discrimination and Health Care Law for North Carolina on
Q: My employer keeps asking me to quit because he said i was a health risk and isnt paying me right. Do I have a case?

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

Kirk Angel
Kirk Angel
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

1 Answer | Asked in Employment Law for North Carolina on
Q: Wife was terminated last Thursday and payday for the previous pay period was the next day. She is still owed for a week

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?

Kirk Angel
Kirk Angel
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.

1 Answer | Asked in Employment Law for North Carolina on
Q: When terminated by employer and when employee ask for justification of termination, by law is the employer supposed to

explain the reason for termination to the employee?

Kirk Angel
Kirk Angel
answered on Jun 30, 2018

No. The law in North Carolina does not require an employer to provide a reason for termination.

1 Answer | Asked in Employment Law and Employment Discrimination for North Carolina on
Q: When it comes to an eeoc investigation and or lawsuit matters, can the surveillance footage of the building be used?

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.

Kirk Angel
Kirk Angel
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

1 Answer | Asked in Employment Law for North Carolina on
Q: my employer paid me too much last week. can they take it out of my next check, even though it was their mistake?

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?

Kirk Angel
Kirk Angel
answered on Jun 10, 2018

Yes. The law allows the employer to recover erroneously paid wages directly from the employee.

1 Answer | Asked in Employment Law and Civil Rights for North Carolina on
Q: I am paid 50% commission wage. The owner of the grooming shop I work at refunded the $ and is refusing to pay me?

I am an employee and she takes the taxes out of my check I do not fill out a 1099

Kirk Angel
Kirk Angel
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

1 Answer | Asked in Employment Law for North Carolina on
Q: Can u be terminated for being a waitress and serving alcohol and being on parole but your parole officer says it's ok
Kirk Angel
Kirk Angel
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

1 Answer | Asked in Employment Law for North Carolina on
Q: Company wants me to sign a non compete. Can they hold this against me if i never start with them?

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.

Paige Kurtz
Paige Kurtz
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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