COVID-19 North Carolina Q&A by Practice Area

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COVID-19 North Carolina Questions & Answers
1 Answer | Asked in Foreclosure and Divorce for North Carolina on
Q: House is headed for foreclosure and wife won’t speak to me. How can I sell house to avoid losing $$

She will not talk to me at all, changed phone, won’t even discuss school, health, etc about our remaining minor child. Once COVID protections are lifted our lender will foreclose. She won’t talk but I need to sell. It is best for her and kids as well. I am unemployed for over a year

Lynn Ellen Coleman
Lynn Ellen Coleman answered on May 25, 2021

It sounds like you are separated from her. The only way possible would be to file for "equitable distribution" and the Court could enter an Order requiring her to cooperate with the disposal of any marital assets. Otherwise, you cannot force her to sell. You should get an equitable... Read more »

1 Answer | Asked in Employment Law, Civil Rights and Employment Discrimination for North Carolina on
Q: Do I have the right to NOT answer the ? if I have had the covid vaccine to my employer?

I agreed to still wear a mask but was told if I don’t answer the assessment questions then I cannot work.

Can they discriminate against me for that?

Kirk Angel
Kirk Angel answered on May 22, 2021

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

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for North Carolina on
Q: My Wife's family all have COVID. She wants to bring our 1 yr old to their home for a full week. Do I have legal options?

My soon to be ex wife is taking my son out of state to her parents home where at least 4 people have COVID. Are there any legal routes I can follow if my soon contracts COVID while there?

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Mar 5, 2021

If you don't have an existing custody case, I would consider filing one ASAP. If you have an existing case, you may want to file a Motion for Emergency Custody before she leaves alleging that the child will be exposed to a substantial risk of bodily injury. Some judges may agree that such a... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for North Carolina on
Q: Can I sue for an employer giving me grief and writing me up due to school schedule issues caused by COVID?

I am being constantly harrassed by my employer due to the fact that I have kids, and the current school schedule has caused me to be late. I have also requested the same schedule that has been allowed for another employee, but was denied the same curtesy.

Ina Shtukar
Ina Shtukar answered on Feb 13, 2021

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... Read more »

2 Answers | Asked in Bankruptcy and Consumer Law for North Carolina on
Q: I brought a tanning bed from online.i only gave 2000 for payments was 80 a month.i got the bed in 2018.i made the

Covid hit.i lost my job and ended up having surgery too and couldnt work.the last couple of months i been paying 25 a month on it but they have hit me with late fees and i only gave 2000 or so for i owe 6000 thousand for a tanning bed.if i cant pay on it anymore due to being layed off from... Read more »

Lynn Ellen Coleman
Lynn Ellen Coleman answered on Jan 25, 2021

Ms. cameron is correct. I would just add that they can't garnish your wages with a North Carolina judgment. If you bought the bed in NC its likely if you were sued, they would sue you in NC. If you bought the bed in TN or VA, wage garnishment is allowed if they sue you there and get a judgment... Read more »

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1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: I got an email stating my lease will not be renewed and I must be out in 30 days. They want to remodel.

Is the legal during the pandemic?

They still expect me to pay this month's rent and have a deposit & first months rent in 30 days for another place. Is there any protection during COVID-19 at this time for tenants?

Ben Corcoran
Ben Corcoran answered on Jan 4, 2021

There is nothing that requires your landlord to renew your lease in any of the pandemic laws. Unfortunately, there are little to no protections for tenants whose lease has expired.

1 Answer | Asked in Traffic Tickets for North Carolina on
Q: If my court date has come and gone, court was cancelled and the officer never filed the I in legal purgatory

I received my ticket for speeding on 11/15 for 69 in a 55. Initial court date set for today, 12/18. Saw two days ago (12/16) that court was cancelled. Contacted court clerk's office via telephone (12/16) to confirm. When asked for my ticket number, they had no record of it. Officer... Read more »

Amanda Bowden Johnson
Amanda Bowden Johnson answered on Dec 28, 2020

You have already wasted more time and effort on this than you should have. Just hire a local traffic attorney, have this reduced to a non-moving violation that will not affect your license and insurance and be done with it. If the address on your ticket is correct, you will likely be getting a... Read more »

1 Answer | Asked in Employment Law for North Carolina on
Q: I am a teacher that was given permission to teach remotely until June. Can my principal force me to come back in person

I have a letter from the district allowing me to teach remotely for the 20-21 school year. The principal sent a letter out today saying everyone that was given permission from the district must report to school on the 5th. My husband is high risk and the virus would probably kill him if... Read more »

Kirk Angel
Kirk Angel answered on Dec 6, 2020

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.

2 Answers | Asked in Child Custody, Child Support and Family Law for North Carolina on
Q: Can the custodial parent take away visitation if you’re behind on child support?

Income decreased due to covid. Still paying monthly but struggling to pay the full amount. Need my income legally re evaluated. But she won’t let me see my child.

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Dec 1, 2020

No, visitation and the payment of child support are completely independent of one another. Failure to pay support is not a valid reason to withhold visitation. If visitation is being denied, you may have to file a motion for contempt for her violation of the custody order.

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1 Answer | Asked in Family Law and Child Custody for North Carolina on
Q: If there's a court order can a parent deny visitation because she's worried about covid?

Mom from Arkansas is saying she's worried about covid so she will not bring minor child to meet dad from NC in TN for Christmas break. There are court orders for visitation for summer and Christmas. Child was with dad this past summer.

Amanda Bowden Johnson
Amanda Bowden Johnson answered on Nov 23, 2020

Worried in general - likely not and if she does deny visitation on that basis alone, you can likely have her popped pretty hard for it depending on the terms of the Order. Worried because you or someone in your immediate family you reside with has Covid or there are travel bans or some other... Read more »

1 Answer | Asked in Bankruptcy for North Carolina on
Q: I was recently given a summons for a $6,000 loan I do not want to lose my vehicle.

I defaulted on a loan for a little over $6,000 I was recently given a summons by the sheriff on behalf of the loan company. I'm currently unemployed due to the virus I'm very worried about losing my vehicle as it is my last life line (Uber) if I am taken to court with a judgement. I do... Read more »

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Nov 20, 2020

You shouldn't have to worry about wage garnishment as that isn't allowed under NC law. However, there is a chance your vehicle could be seized. Whether that happens is going to depend on the amount of equity you have in this vehicle, and to what extent you can "exempt" this... Read more »

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... Read more »

1 Answer | Asked in Real Estate Law for North Carolina on
Q: Siblings selling house that's under contract. Brother is out of the country. Necessary legal documents needed.

My brother and I jointly own a mortgage free home in NC that is under contract. Is a POA required from my brother in order for the closing to go forward? If so, is it mandated to be sent to me by mail to sign and have notarized and sent back to the lawyer? Or are there other means of his sending/... Read more »

Ben Corcoran
Ben Corcoran answered on Sep 23, 2020

Yes in order for the property to be sold your brother will need to execute a POA. While virtual notarizations are currently acceptable in NC, they are only allowed for reasons related to COVID and this does not meet the requirements. It sounds like you are going to have to push everything back... Read more »

1 Answer | Asked in Traffic Tickets for North Carolina on
Q: I’m 16 and got a speeding ticket July 5 doing 83 in a 55 it was low traffic and cloudy weather

My court date was supposed to be September 4th but got pushed back to November why was it pushed back and will I get my licenses suspended

Kristen Dewar
Kristen Dewar answered on Aug 28, 2020

Since courts in NC have resumed operations in June, most jurisdictions have either postponed traffic court or reduced the number of cases they are hearing per court session, due to the COVID social distancing requirements and the limited space we have in many of our courtrooms around the state. As... Read more »

1 Answer | Asked in Family Law, Personal Injury and Juvenile Law for North Carolina on
Q: Can i get emancipated from her?

Hello I have a mother who is borderline emotionally abusive, she tells me i make everyone miserable constantly, blames me for everything that goes wrong and more. I am 16, can I move out and live with a friend legally. Can i get emancipated from her?

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Aug 28, 2020

Maybe, but these aren't easy actions to 'win' and it would be something you wouldn't be able to do yourself. To able to file, you have to be 16 (check) and have lived in the same county for 6 months (don't know). To successfully emancipate yourself, you are going to have... Read more »

2 Answers | Asked in Divorce and Family Law for North Carolina on
Q: State: NC What are my rights as husband if I move out of our residence prior to reaching divorce agreement?

Married 22 years, two children ages 18 and 21. Youngest child currently living at home while enrolled in college taking online classes during COVID. Wife has been stay at home mom entire marriage. We have reached an impasse on our relationship. I need to move out to avoid further arguing and... Read more »

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Aug 18, 2020

This question can only be fully answered through a consultation with a family law attorney. That said, you've got to consider (1) how to equitably divide your marital property, and you've got to consider (2) whether any spousal support should be paid.

The property that needs to...
Read 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... Read more »

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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... Read 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.... Read 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... Read 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... Read more »

2 Answers | Asked in Bankruptcy for North Carolina on
Q: how long does it take to get a Decree after ch.7 after the final report for applications for compensation.

the courts have accepted and approved the order the Ch.7 trustee did The final Report for compensation & applications & deadline to object. I just wanna know how long does it take to get the Decree showing closed? And my Bankruptcy attorney will not contact me nor will the trustee what... Read more »

Lynn Ellen Coleman
Lynn Ellen Coleman answered on Jul 28, 2020

The Clerk's offices are lightly staffed, with many staff working from home due to COVID. The same thing exists in the Bankruptcy Administrator's office. Things are taking a little longer than normal. I suggest you call the Clerk of Court and explain the situation. If the Clerk is waiting... Read more »

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