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COVID-19 North Carolina Employment Law Questions & Answers
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 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... View 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... View 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.

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

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: 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: 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 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: 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

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