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North Carolina Employment Contracts Legal Questions

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148 legal questions have been posted about employment contracts by real users in North Carolina. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include labor and employment, whistleblower litigation, and wage and hour law. All topics and other states can be accessed in the dropdowns below.
North Carolina Employment Contracts Questions & Legal Answers - Page 4
Do you have any North Carolina Employment Contracts questions page 4 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 148 previously answered North Carolina Employment Contracts questions.
Employment Contracts
North Carolina

Recent Legal Answers

can employer not pay my last check of 36-40hrs after getting fired

Answered 11 years and 9 months ago by attorney Kirk J. Angel   |   1 Answer
If you were an employee and not an independent contractor, then the employer must pay you for all hours at the agreed upon, or promised, wage.  If the employer is not paying you, I recommend that you contact the North Carolina Department of Labor and file a wage complaint.  The DOL's website is: nclabor.com.... Read More
If you were an employee and not an independent contractor, then the employer must pay you for all hours at the agreed upon, or promised, wage. ... Read More

If I contact my employers human resource department, are they not allowed to tell me boss, especially since it was about them???

Answered 11 years and 9 months ago by attorney Kirk J. Angel   |   1 Answer
No.  The Human Resource department has no legal duty of confidentiality to you or any other employee.  They perhaps have an ethical duty of some type, but that is not legally enforceable.
No.  The Human Resource department has no legal duty of confidentiality to you or any other employee.  They perhaps have an ethical duty of... Read More

Do I have to give 2 weeks notice, and will I be paid for taking vacation 2 days before turning in a 1 day notice, resignation letter?

Answered 11 years and 10 months ago by attorney Kirk J. Angel   |   1 Answer
The company policy will control regarding whether you are paid for your accumlated vacation. If you resign, you will not be entitled to unemployment.
The company policy will control regarding whether you are paid for your accumlated vacation. If you resign, you will not be entitled to unemployment.

can i be forced to resign by my supervisor?

Answered 11 years and 10 months ago by attorney Kirk J. Angel   |   1 Answer
You cannot be forced to resign. If you did not resign, and you continue to present yourself for work, but the employer will not let you, then this would be a termination.  If you do resign, then you are not entitled to unemployment.
You cannot be forced to resign. If you did not resign, and you continue to present yourself for work, but the employer will not let you, then this... Read More

Suspected discrimination with strategy for termination

Answered 11 years and 10 months ago by attorney Kirk J. Angel   |   1 Answer
If he is doing this to you because of race, you may have some legal options.  I suggest you consult with an experienced employment attorney sooner rather than later.
If he is doing this to you because of race, you may have some legal options.  I suggest you consult with an experienced employment attorney... Read More

forced to sign non compete 8 months after hiring

Answered 11 years and 10 months ago by attorney Kirk J. Angel   |   1 Answer
Nothing unlawful about that.  You can be terminated for refusing to sign the non-compete.
Nothing unlawful about that.  You can be terminated for refusing to sign the non-compete.

can you sue a town

Answered 11 years and 11 months ago by attorney Bruce Robins   |   1 Answer
If I understand you correctly, you asserted a claim against a town, and settled that claim in consideration for a small payment.  That settlement almost certainly included a release of all your claims.  Unless there is some reason why that agreement is invalid (for example, if you were suffering from some sort of incapacitating mental illness when you signed it), you are barred from sung the town again on the same claims.... Read More
If I understand you correctly, you asserted a claim against a town, and settled that claim in consideration for a small payment.  That... Read More

am I due payment for my vacation time

Answered 12 years ago by attorney Kirk J. Angel   |   1 Answer
If there is a forfeiture clause that applies to your situation, then you would not be entitled to the vacation time.
If there is a forfeiture clause that applies to your situation, then you would not be entitled to the vacation time.

Employer asked for mediation in discrimination case.

Answered 12 years ago by attorney Kirk J. Angel   |   1 Answer
I think it is important for you to seek a consultation with an experienced employment attorney. You really need someone to explain to you the complexities of these cases and to discuss with you what the damages (money) are that flow from these lawsuits.  It is highly unlikely that you have any claim that will pay that much money. ... Read More
I think it is important for you to seek a consultation with an experienced employment attorney. You really need someone to explain to you the... Read More

can i be let go from my job if i was on bed rest

Answered 12 years ago by attorney Kirk J. Angel   |   1 Answer
Yes, unless you were covered by FMLA.  Walmart is an FMLA covered employer and you would have been an FMLA covered employee if you had worked for at least 12 months and at least 1250 hours in the year immediately preceding the bed rest.  If so, then you would be entitled to upto 12 weeks of leave from work including for the bed rest related to the pregnancy.... Read More
Yes, unless you were covered by FMLA.  Walmart is an FMLA covered employer and you would have been an FMLA covered employee if you had worked... Read More

Is this legal?

Answered 12 years ago by attorney Kirk J. Angel   |   1 Answer
In North Carolina, any employment action is legal unless the employee can show it was motivated by unlawful discrimination or unlawful retaliation.  Age discrimination is unlawful, but you will need evidence that your age was what motivated the company to do what it did. Age discrimination cases must be filed first with the EEOC within 180 days of the adverse action. If you want to move forward on a discrimination claim, don't let that deadline expire.... Read More
In North Carolina, any employment action is legal unless the employee can show it was motivated by unlawful discrimination or unlawful... Read More

Do I have legal recourse if I was wrongfully accused without opportunity to respond?

Answered 12 years ago by attorney Kirk J. Angel   |   1 Answer
Probably not.  If you resigned, then it will be extremely unlikely that you would be able to sue for wrongful firing.  Accusing you of wrongful conduct is not actionable by itself.
Probably not.  If you resigned, then it will be extremely unlikely that you would be able to sue for wrongful firing.  Accusing you of... Read More

Can a manager withhold information on a employees reference even if the same employee asked to see it?

Answered 12 years ago by attorney Kirk J. Angel   |   1 Answer
Yes the manager can withhold. Employers are not required to disclose references to anyone including the applicant or employee who is the subject of the reference.
Yes the manager can withhold. Employers are not required to disclose references to anyone including the applicant or employee who is the subject of... Read More

What state do I need to retain a lawyer

Answered 12 years ago by attorney Kirk J. Angel   |   1 Answer
You need an employment attorney in North Carolina.  Whether you keep the one you have or retain another is up to you.
You need an employment attorney in North Carolina.  Whether you keep the one you have or retain another is up to you.

Client noncompete - enforceable for a staffing agency W2 employee?

Answered 12 years and a month ago by attorney Kirk J. Angel   |   1 Answer
Never sign a noncompete if you do not have to and always assume that the noncompete would be enforced by a court.  Although the courts in North Carolina say they do not like noncompetes, they routinely enforce appropriately drafted ones.  Frankly, many employees have no choice but to sign because the employer will not hire them or will terminate them if they do not sign.... Read More
Never sign a noncompete if you do not have to and always assume that the noncompete would be enforced by a court.  Although the courts in North... Read More

I worked for a Company and They Didn't Pay Me and Continue to Not Pay Me, What Do I Do?

Answered 12 years and a month ago by attorney Kirk J. Angel   |   1 Answer
You should file a claim with the North Carolina Department of Labor, Wage and Hour Division.  nclabor.com.
You should file a claim with the North Carolina Department of Labor, Wage and Hour Division.  nclabor.com.

Bonus Pay

Answered 12 years and a month ago by attorney Kirk J. Angel   |   1 Answer
It may be.  However, it is unlawful to withhold earned wages.  Depending on how the bonus is structured, if the bonus is unequivocally earned and not subject to forfeiture, then the earned wages must be paid on the next payday on which such wages are due.  For example, if all bonuses are earned and payable in a certain week, then the bonus must be paid on the next payday.  However, if the employer pays bonuses once a month, or once a quarter, then the bonus does not need to be paid until then.... Read More
It may be.  However, it is unlawful to withhold earned wages.  Depending on how the bonus is structured, if the bonus is unequivocally... Read More

Billed for commission paid 6 months after employment

Answered 12 years and a month ago by attorney Kirk J. Angel   |   1 Answer
They may be able to recover it depending on what compensation agreement (pay policy or plan) was in place.
They may be able to recover it depending on what compensation agreement (pay policy or plan) was in place.

FMLA

Answered 12 years and a month ago by attorney Kirk J. Angel   |   1 Answer
If you are not covered by FMLA leave, then the employer can terminate you for being absent.  Keep in mind that FMLA can be used for any serious health condition that limits you from work and not just the surgery.  Consult with an experienced employment attorney for specific legal advice.... Read More
If you are not covered by FMLA leave, then the employer can terminate you for being absent.  Keep in mind that FMLA can be used for any serious... Read More

Can my wife be fired for comments made on my personal facebook profile.

Answered 12 years and a month ago by attorney Kirk J. Angel   |   1 Answer
Yes, she can be fired for what you said.  No you (and she) have no First Amendment rights unless you are dealing with the government.  Even then, those rights are not unlimited.
Yes, she can be fired for what you said.  No you (and she) have no First Amendment rights unless you are dealing with the government.  Even... Read More

My employer refuses to pay me for wages earned. What can I do about this?

Answered 12 years and a month ago by attorney Kirk J. Angel   |   1 Answer
If this is a small company, file a claim with the North Carolina Department of Labor.  The website is nclabor.com and you will file with the wage and hour division. The Fair Labor Standards Act covers larger employers than the state wage and hour law and is enforced by the United States Department of Labor whose website is dol.gov.... Read More
If this is a small company, file a claim with the North Carolina Department of Labor.  The website is nclabor.com and you will file with the... Read More

Can your company cut your pay?

Answered 12 years and a month ago by attorney Kirk J. Angel   |   1 Answer
Yes, as long as you are not being paid less than minimum wage or not being paid for overtime if you are a non-exempt employee.  If you are an exempt employee, as long as they are paying $455 per week salary, then there is no need for overtime or "minimum wage."
Yes, as long as you are not being paid less than minimum wage or not being paid for overtime if you are a non-exempt employee.  If you are an... Read More

Denied employment for Highway Patrol since I was charged back in 2010 which is a viloation of N.C.G.S. 18B-302(2) So what are my options now?

Answered 12 years and a month ago by attorney Kirk J. Angel   |   1 Answer
You must answer truthfully or risk being denied on that basis.
You must answer truthfully or risk being denied on that basis.

Can a former employer sue me for moving expenses without contract involving it?

Answered 12 years and a month ago by attorney Kirk J. Angel   |   1 Answer
Yes he could file a civil action against you.  There are a couple of theories that he could make use of including breach of contract.  You should consult with an attorney if he has filed a lawsuit against you as time is running out.
Yes he could file a civil action against you.  There are a couple of theories that he could make use of including breach of contract.  You... Read More

Can my Principal move me to another position because I was out due to my FMLA

Answered 12 years and a month ago by attorney Kirk J. Angel   |   1 Answer
It depends on the circumstances.  FMLA requires the employer return you to a "substantially similar" job after you return from FMLA leave.  However, it is suspicious and could be a form of FMLA interference or retaliation.  I recommend you consult with an experienced employment attorney.... Read More
It depends on the circumstances.  FMLA requires the employer return you to a "substantially similar" job after you return from FMLA leave. ... Read More
Employment Contracts
North Carolina

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