North Carolina Employment Contracts Legal Questions

Yes, unless the reduction in pay results in less than minimum wage or the failure to pay overtime to non-exempt employees.  However, if a certain pay is gauranteed by an enforceable contract, which is truly rare, and the employer is failing to pay the gauranteed rate, then there may be a contract claim.  You would need to read the contract to see if it says what will happen if the employer does not pay the gauranteed rate. ... Read More

This 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 retaliation. Discrimination in employment is unlawful if it is due to race, color, sex, national origin, religion, disability or age 40 or older. Retaliation in employment is unlawful if you engaged in one of a handful of "legally protected" activities and were fired for engaging in that activity. If either of these was the motive for the termination, then you may have a claim for unlawful termination. So the question will be: is there enough evidence to show you were fired because of your age. ... Read More

Yes, the employer can change the pay at any time.  However, the employer must give the employee notice at least 1 pay period prior to the change under North Carolina law.  If it does not do so, then the employer is probably liable for the difference in promised or agreed wage and the lowered wage for one pay period.  In other words, $13.00 per hour for one pay period.  As for the agreement, it is possible that it is an enforceable contract but it would be subject to interpretation of the terms and to several defenses including waiver and possibly the statute of limitations.  Best thing is to have an attorney review the agreement. ... Read More

You should consult with an experienced employment attorney so that he or she can review your severance agreement and gather additional facts.  However, the retirement account is probably governed by a federal law that would prohibit the employer from allowing you access to unvested benefits. ... Read More

I feel that it would be termination of your employment, which could be relevant to your right to unemployment benefits.  However, you have no right to severance unless you have a contract which provides for it, in which case it would be the contract's terms which would define your rights.  For example, if you have a contract providing that any employee who is terminated shall receive two weeks' severance pay, the relevant definition of "terminated" would be whatever the contract provided.  If the contract provided that refusal to sign a non-compete constituted a resignation, you would have no right to severance under that contract.... Read More

Unless you work for the government, there are no legally required appeals processes.  A company can voluntarily choose to have a process for appealing a termination, but, even if it does, it is not legally required to follow the process.  There is no anti-bullying law in North Carolina.  The conduct is only unlawful if it directed to you on the basis of race, color, sex, national origin, religion, disability or age 40 or older and meets several other requirements.  North Carolina is an employment-at-will state and you can be fired for any reason even if the reason is a lie. In many situations standing up for yourself is a good thing.  However, standing up to your boss is reason to be terminated in this state.... Read More

You received unemployment benefits because the Division of Employment Security determined that you met the qualifications for the benefits.  The DES does not determine whether or not you were unlawfully terminated.  Additionally, whether you were terminated unlawfully or not, you are entitled to your 401k benefits pursuant to the terms of the 401k plan.  It is impossible to know for sure, but generally there is a vesting period during which you may not be entitled to some or all of your benefits.  As such, you may not be entitled to any employer contributions for 2014 although you would be entitled to the money you contributed.  You will need to review the 401k plan or summary document to determine whether you should receive any of the money in the 401k.... Read More

There is no legally required maternity leave in North Carolina.  The only time a woman is guaranteed to get maternity leave is if she is qualified for FMLA and takes FMLA leave for her maternity.  However, only employers with 50 or more employees are covered by FMLA.  Technically the company could have terminated your wife and then forced her to reapply or perhaps not even given her the job back. If the company had FMLA, it could have forced your wife to use her vacation for that time period anyway.  This is a seemingly unfair situation, but at least your wife has her job whether or not as a new hire.... Read More