North Carolina Recent Legal Answers from Lawyers

It depends on what the employer's vacation pay policy says.  You should get it and read it carefully.  If it says you get your vacation pay, then you get it.  Most likely if it does not say you lose it, then you probably can get it.  If it says you forfeit it (or words to that effect), then you will lose it.... Read More

As long as you did not violate customs regulations in bringing the money to the US, and if it was not money made through unauthorized work, there should be no negative consequences from paying $40,000 for a car here in the US. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.    ... Read More

North Carolina is an employment-at-will state where an employee can be terminated for good, bad or, as in your case, no reason at all. There would be a legal claim only if there was an unlawful motive behind the termination. In this case, the only possibility I see is the at work injury. If you were terminated because of filing for or requesting workers comp benefits, then you may have a legal claim.... Read More

Are you receiving payments for yourself, or as the beneficiary of your father's estate?  If the former, you may have standing to enforce the contract or seek damages for its breach as a third party beneficiary of the contract between your father and his former partner; if the latter, the representative of your father's estate (the executor or administrator, or they may use a different term in NC) would be able to enforce the contract/seek damages for breach on behalf of the estate.  If no estate proceeding was instituted, starting one and getting an executor/administrator appointed would be a prerequisite to bringing any suit on behalf of hte estate.... Read More

Additionally, your case would be a slam dunk on liability if as you say, there was green algae that you personally saw in the immediate area that you feel caused u to slip and fell.    You need to retain counsel here in Florida as the courts here have jurisdiction. I have handled many Amusement park injuries here in Florida,  and give free consults. If the case is taken, then you pay nothing unless we win the case. ... Read More

I cannot tell you whether you could get it reduced on your own.  It will depend on how good your legal skills are, among other things.  However, an actual attorney can probably get that reduced for you.  You should contact an experienced traffic attorney who is located near the county in which you got the ticket.  They can also handle the case without you having to take time off of work to come to court yourself.  Good luck. ... Read More

I am sorry to have to inform you but you have been a victim of a very common fraudulent check scam.  If you deposit a fraudulent check, the bank will deduct the funds once they find out the check is not valid.  You will be left having to repay the money back to the bank.  Also they may report the matter to the authorities. especially if you dont pay it back.  If you have been defrauded, you can also report it to the police.  It may be hard to track down the perpetrator as this is a well known scam.  You can check the Federal Trade Commission's Consumer Information page by following this link to learn more. https://www.consumer.ftc.gov/blog/2017/03/dont-bank-check or you can do a search online for check fraud scams to find more information Bottom line, is that you best bet is to educate yourself on possible scams, so that this kind of thing can be avoided in the future.... Read More

You cannot contact the judge directly.  The proper procedure to deal with someone who is violating a court order is to file a  Motion requesting that the opposing party appear and show cause why they should not be held in contempt for violation of the court order.   If the court finds that they willfully violated the court order and that they have the ability to comply, the court can hold them in contempt of court, and depending on the type of contempt, may imprison them, order that they pay a penalty, and order that they pay the aggrieved party's attorneys fees.  ... Read More

This is a very tough situation and legally complex. If someone who is not a manager is calling you that, then the only likely claim is that you are being subjected to non-sexual, sex-based harassment.  It is made more complex if these men are subordinates and not peers. However, such a claim is possible.  You shoudl consult with an experienced employment attorney as soon as possible. Attorneys on here are prohibited from soliciting you, but you can reach out to the attorneys.... Read More

North Carolina is an employment-at-will state where an employer can terminate an employee at any time for any reason.  According to the North Carolina Supreme Court you can be terminated for a good reason, bad reason or no reason at all.  This sounds unfair (a bad reason), but not unlawful.... Read More

It is extremely imporant that you speak to an experienced employment attorney as soon as possible to protect your rights. However, keep in mind that attorneys are prohibited from reaching out to you due to bar ethics rules prohibiting solicitation of clients. So, you will need to directly contact the attorney of your choice.... Read More

Good question.  I strongly encourage you to seek legal counsel in your local jurisdiction for more detailed information on this complex area of law.   In short, there are protections in place which prevent a parent from removing a child from the state of North Carolina without permission from the court or from the other parent.  For a brief summary, check out our blog which discusses moving a child out of the state of North Carolina in child custody dispute.  NC statutes provide for an emergency action preventing parents from leaving the state of North Carolina with children and without permission.  The end result of such an action is typically an ex parte custody order granting the parent remaining in NC with custody of the minor children until a hearing can be had (which must be scheduled within 10 days of the order being granted) as well as a pick up order being issued which may provide for police assitance in retrieving the children at issue.   Hope this helps. Bill HunterHunter & Hein, Attorneys at Law, PLLC... Read More

From the description, it sounds as though someone needs to apply to become her guardian.  Talk with a guardianship and/or elder law attorney in your state.  You might find one on the state bar website or by using the Find a Lawyer function of the website of the National Academy of Elder Law Attorneys (www.naela.org).... Read More

North Carolina is an employment-at-will state where you can be fired at any time for any reason.  You can sue for wrongful firing only if you prove the firing was due to unlawful discrimination or unlawful retaliation.  The key word being "unlawful" as most forms of discrimination or retaliation are lawful.  I do not see any basis for a wrongful firing claim in these facts. Perhaps unfair, but not unlawful.... Read More

Although the law may be different in NC than in the states where I practice, there is generally no need for a contract to be notarized pr evem wrottem (with certain exceptions), but covenants not to compete are looked at with some disfavor, although not per se unenforceable.  They must be reasonable in both geogrpahic area and time.  While what is reasonable depends on the particular factgs of each case, my gut is that 20 miles would be considered too broad.  Also, you don't say how long the restriction runs; if in fact it is unlimited, that would likely be considered too long.  I assume the covenant only covers your work as a barber, not any type of work, as your question suggests; if it does, in fact, cover any work, it would not be enforced.  However, while the Court may hold tte entire covenant to be unenforceable, it may also "blue pencil" the provision, i.e. cut it back to what it considers reasonable, for example 1 mile and 1 year.... Read More

North Carolina is an employment-at-will state where you can be fired for good reason, bad reason or no reason at all. Most complainst are not protected in this state. However, if you were discriminated against or harassed due to your sex (including sexual orientation) you may have a claim. If you were discriminated against or harassed due to your sex (including sexual orientation), and that was the basis for your complaint, then you may have a claim for unlawful retaliation. You should consult with an experienced employment attorney as soon as possible if you feel either of these apply.... Read More