North Carolina Employment Contracts Legal Questions

Generally, any deduction from pay is unlawful unless it is in writing signed by the employee and states the specific amount of the deduction.  If you have signed an agreement that meets those requirements, it is very likely that the employer can deduct it from your final wages.  However, even if the employer cannot treat it as a deduction, they can certainly come after you for the money as a debt.... Read More

The only claims that seem possible would be contract claims.  If the franchise's actions violated the contract, then you might have a claim against the franchise for violation of the contract. Additionally, if the worker's violated their non-competes by going to work for the franchise, then there could be an action against the workers.  However, even with clear written contracts and blatant violation, you may have a problem with statute of limitations on either action.... Read More

Employers are not limited to a specific period of time for suspensions so this could go on indefinitely. If you are not returned back to work in a week or two, and the employer will not give you a return to work date, then you may want to file a claim for unemployment with the Division of Employment Security. I do not see any claim for constructive discharge in these fact, but without consulting with you, I cannot say for sure.  You can use the vacation to cover the suspension if it was unpaid and the employer's policy allows for it.  If you have been fired, you can claim any accrued, but unused vacation.  However, that is only if the employer does not have a forfeiture policy which many employers do.... Read More

It is hard to tell from your explanation, but it probably is lawful.  I am not sure exactly what the "extended illness" hours are exactly.  It sounds like they are some form of sick time, i.e paid time off from work.  Employers are not required to provide any form of paid time off including sick time to employees.  If an employer does choose to provide paid time off, then it can change the policy related to the time off or even do away with the paid time off moving forward.... Read More

You will need to get the agreement reviewed by an experienced employment attorney. However, in general, a non-compete lasts indefinitely while you are employed and then for the period of time specified after your employment ends.  Generally, that is a two year period.  If your non-compete says three years after you leave employment, then it may not be enforceable on that basis.... Read More

Yes, you can be fired for your thyroid because North Carolina is an employment-at-will state and you can be fired for any reason. The question is: can you sue the company for firing you because of your thyroid.  The only claim that seems possible would be disability discrimination.  If so, then the statute of limitations expired years ago.... Read More

In most cases, it is unlawful to retroactively change pay if the change results in a decrease.  If you are paid on commission, then you are entitled to that commission when you earn it pursuant to the pay plan that was in effect at that time.  However, if you have not earned a commission at the time your employment ends, then you are usually not entitled to that commission payment.... Read More

Employment-at-will means you can terminate the employment relationship for any reason (i.e. quit for any reason).  However, you can still have an at-will relationship, and agree to provide a notice period even though you have the right to quit for any reason.  Normally the contract should provide the remedy (what the employer could get) if you violate the contract.  If it does not day, then it may well be that there is no remedy for the employer.  I recommend getting an experienced employment attorney to review the agreement just in case.... Read More

There is an exemption in the wage and hour law for overtime and minimum wage that covers commissioned sales people.  You would need to consult with an experienced employment attorney to determine whether the the exemption applies.  Additionally, as long as minimum wage is being paid, the only issue might be overtime.... Read More

It is unlawful retaliation if you were terminated due to your use of FMLA.  There is no way to tell without much, much more information whether there is sufficient evidence to support an FMLA retaliation claim.  I recommend that you consult with an experienced employment attorney as soon as possible if you believe the termination was due to your use of FMLA.... Read More

Employers in North Carolina are not required to give severance at all and, if an employer offers severance, are is not required to present the agreement to you until the last day of your employment.  However, if your employer has 20 or more employees, and you are age 40 or older, you must be given at least 21 days to consider the agreement once it has been presented to you.... Read More