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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 5
Do you have any North Carolina Employment Contracts questions page 5 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

forgivable promissory note / bonus

Answered 12 years and 2 months ago by attorney Kirk J. Angel   |   1 Answer
Your only option would probably be a contract claim where you prove the terms of the contract and show that the employer breached one or more terms.
Your only option would probably be a contract claim where you prove the terms of the contract and show that the employer breached one or more terms.

Is it discrimination to allow one VP to work out of state and one VP not to?

Answered 12 years and 2 months ago by attorney Kirk J. Angel   |   1 Answer
Not if the employer has a valid non-discriminatory reason allowing one and not the other to work from a different location.  Additionally, it is only unlawful discrimination if it is based on race, color, sex, national origin, religion, disability or age 40 or older.
Not if the employer has a valid non-discriminatory reason allowing one and not the other to work from a different location.  Additionally, it is... Read More

can i sue my employer for wrongful termination?

Answered 12 years and 2 months ago by attorney Kirk J. Angel   |   1 Answer
No, you cannot sue for wrongful termination if you are fired in these circumstances.
No, you cannot sue for wrongful termination if you are fired in these circumstances.

was promies a raise when i started managing been four week almost five and i still didnt get it yet what are my opptions

Answered 12 years and 3 months ago by attorney Kirk J. Angel   |   1 Answer
Employers are not required to give you a raise even if they promised the raise to you.
Employers are not required to give you a raise even if they promised the raise to you.

Can an employer extend date of severance package pay out after contract is signed

Answered 12 years and 3 months ago by attorney Kirk J. Angel   |   1 Answer
I would not be able to speculate on the reasons the company took this action. However, if they do not live up to the terms of the agreement, then you would need to consider legal action which could be expensive.
I would not be able to speculate on the reasons the company took this action. However, if they do not live up to the terms of the agreement, then you... Read More

Employer not paying what they are supose to

Answered 12 years and 5 months ago by attorney Kirk J. Angel   |   1 Answer
Sounds like a mistake in the paperwork.  I do not see any back pay or other claim based on that.
Sounds like a mistake in the paperwork.  I do not see any back pay or other claim based on that.

Can my employer institute a smoke free campus policy when they do not own the property? They are on a lease

Answered 12 years and 6 months ago by attorney Kirk J. Angel   |   1 Answer
Your employer is the boss of you so it can set any policies it wants and require you to abide by them.  If they lease, they may be limited as to what they can make non-employees do.
Your employer is the boss of you so it can set any policies it wants and require you to abide by them.  If they lease, they may be limited as to... Read More

Code of ethics contract

Answered 12 years and 6 months ago by attorney Kirk J. Angel   |   1 Answer
The company determines what its code of ethics is and also decides what it means.  You have to abide by the company policies, but the company is not required to abide by those policies.
The company determines what its code of ethics is and also decides what it means.  You have to abide by the company policies, but the company is... Read More

Unemployment for adult,graduated students.

Answered 12 years and 6 months ago by attorney Kirk J. Angel   |   1 Answer
If you left work within the last 5 qaurters, and you can prove you left work with good cause or were fired, but not for misconduct or substantial fault, then you might be eligible for unemployment.  You should keep in mind that there are few reasons that are "good cause" to leave employment.  Additionally, if you were in college for a year and a half or more without working anywhere, then you will not have the "base wage" on which to qualify for unemployment. ... Read More
If you left work within the last 5 qaurters, and you can prove you left work with good cause or were fired, but not for misconduct or substantial... Read More

Am I entitled to back pay after being fired inappropiately

Answered 12 years and 6 months ago by attorney Kirk J. Angel   |   1 Answer
The DES will award you benefits starting two weeks after the discharge if the employer was unable to show misconduct or substantial fault.  However, if you are asking about a wrongful firing claim, the determination by the DES has no impact or relevance on such claims.
The DES will award you benefits starting two weeks after the discharge if the employer was unable to show misconduct or substantial fault. ... Read More

Is "at will" employment applicable if I have a signed Employee Agreement and do I have a case for wrongful dismissal?

Answered 12 years and 7 months ago by attorney Kirk J. Angel   |   1 Answer
If the Employee Agreement does not say, then you are an employee-at-will who can be fired at any time for any reason. 
If the Employee Agreement does not say, then you are an employee-at-will who can be fired at any time for any reason. 

Can I force my company to pay back pay?

Answered 12 years and 7 months ago by attorney Kirk J. Angel   |   1 Answer
No.  The company is not legally required to give you a pay raise even if the customer approved it.
No.  The company is not legally required to give you a pay raise even if the customer approved it.

Change in wages - no notice

Answered 12 years and 7 months ago by attorney Kirk J. Angel   |   1 Answer
Yes, the employer can pay you any amount it wants as long as it pays you at least minimum wage.  It is usually the case that the employer will pay a contractor more than an employee because the employee is more expensive (even if no benefits) than the contractor.
Yes, the employer can pay you any amount it wants as long as it pays you at least minimum wage.  It is usually the case that the employer will... Read More

can a company reduce your pay to minimum wage if u didn't work a notice?

Answered 12 years and 8 months ago by attorney Kirk J. Angel   |   1 Answer
Yes, employers are only required to pay minimum wage and do not need a reason to reduce your pay to minimum wage.
Yes, employers are only required to pay minimum wage and do not need a reason to reduce your pay to minimum wage.

Discharge from employer

Answered 12 years and 8 months ago by attorney Kirk J. Angel   |   1 Answer
If you believe that you were fired due to unlawful discrimination or unlawful retaliation, then you should consult with an experienced attorney.  In any case, you should file for unemployment benefits.
If you believe that you were fired due to unlawful discrimination or unlawful retaliation, then you should consult with an experienced... Read More

My niece turned in her notice to her employer to accept another job. The employer asked her if she could continue to work some Saturdays and my niece

Answered 12 years and 8 months ago by attorney Kirk J. Angel   |   1 Answer
No, the employer is not bound under these circumstances.
No, the employer is not bound under these circumstances.

Can I file on an old claim (that is still active) aswell as file a new one from my most recent employer?

Answered 12 years and 9 months ago by attorney Kirk J. Angel   |   1 Answer
Probably not, but you should speak to a representative at your local Division of Employment Security office.
Probably not, but you should speak to a representative at your local Division of Employment Security office.

Seperation agreement

Answered 12 years and 9 months ago by attorney Kirk J. Angel   |   1 Answer
It will not matter whether you put the words "under duress" on the agreement. What matters is whether you actually were under "duress" as the term is legally defined.
It will not matter whether you put the words "under duress" on the agreement. What matters is whether you actually were under "duress" as the term is... Read More

Do I need a lawyer to be with me during an appeal for unemployment?

Answered 12 years and 10 months ago by attorney Kirk J. Angel   |   1 Answer
Yes, having an experienced attorney at the hearing will be greatly beneficial. The hearing is a legal proceeding in which testimony will be taken, documentary evidence offered and objections/motions made.  An attorney can best handle that for you so you just focus on testifying. 
Yes, having an experienced attorney at the hearing will be greatly beneficial. The hearing is a legal proceeding in which testimony will be taken,... Read More

If my boss posts an employment policy addendum on the back of a door, does it apply to the employees?

Answered 12 years and 10 months ago by attorney Kirk J. Angel   |   1 Answer
Yes, an employer can change its policies at any time and make them applicable to any and all employees.  If you refuse, then you can be terminated. Employees do not get to choose which policies they want to follow.
Yes, an employer can change its policies at any time and make them applicable to any and all employees.  If you refuse, then you can be... Read More

Wrongful Job termination

Answered 12 years and 10 months ago by attorney Kirk J. Angel   |   1 Answer
You should appeal the decision to deny your unemployment.  Retain an attorney to represent you at the hearing.  If this was a one time thing, you have a good chance of winning some benefits with a good attorney's help.  Aside from unemployment, there does not seem to be anything else you can do.  An employer in NC can fire you for any reason as long as there is not an unlawful motive for the termination.  Nothing in the facts you gave suggest an unlawful motive.... Read More
You should appeal the decision to deny your unemployment.  Retain an attorney to represent you at the hearing.  If this was a one time... Read More

What if you feel like your been harrassed on your job?

Answered 12 years and 10 months ago by attorney Kirk J. Angel   |   1 Answer
Harassment is not unlawful unless it is based on an unlawful motive such as race, color, sex, national origin, disability or age 40 or older.  If you quit your job, there is almost no chance that you will get unemployment.
Harassment is not unlawful unless it is based on an unlawful motive such as race, color, sex, national origin, disability or age 40 or older. ... Read More

I havent recieved overtime pay from my job for the past two years. I have tried to obtain this money to no avail. What are my rights to get this money

Answered 12 years and 10 months ago by attorney Kirk J. Angel   |   1 Answer
You can file a lawsuit to obtain the money.   However, unless it is a very large amount, you will probably not be able to get an attorney to handle the case on a contingency basis.  For that reason, you might want to consider filing a complaint with the Department of Labor's Wage and Hour Division.  Keep in mind that you can only recover overtime pay for a period of two years prior to the filing of a lawsuit.  That means that every day you wait, you lose some of the overtime.  It is unlawful to terminate an employee because he has filed a complaint with the Department of Labor regarding an overtime issue.  Even so, you employer probably won't be happy that you filed a complaint against them.  I recommend that you consult with an experienced employment attorney to discuss your options. ... Read More
You can file a lawsuit to obtain the money.   However, unless it is a very large amount, you will probably not be able to get an attorney... Read More

Wrongful treatment in workplace.

Answered 12 years and 11 months ago by attorney Kirk J. Angel   |   1 Answer
North Carolina is an employment-at-will state in which an employer can terminate you for any reason; good reason, bad reason or no reason at all.  Employers are not required to treat you fairly.  There is no law that prohibits an employer from playing favorites or gossiping about you. However, the law does prohibit employers from treating employees differently based on race, color, sex, national origin, religion, disability or age 40 or older. ... Read More
North Carolina is an employment-at-will state in which an employer can terminate you for any reason; good reason, bad reason or no reason at... Read More

I need some details on furloughs

Answered 12 years and 11 months ago by attorney Kirk J. Angel   |   1 Answer
It is hard to give details on the impact of the furlough on your employment status without consulting with you and having more information about the furlough plan. It will also matter whether you are employed by a private company or the government. Perhaps the furlough is a "substantial change" to the terms of your employment in your situation. However, if you dealing with an unemployment claim, then a substantial change would mean little.  You can only quit if your salary is reduced by a large amount (or hours which leads to a pay large pay loss) and then only if the reduction is permanent.  In most cases, there is nothing wrong with treating employees differently.  So you employer can make you take furlough time but not your co-worker.  The only time that you can legally challenge such a decision is if it is motivated by unlawful discrimination (i.e. things like race or sex).... Read More
It is hard to give details on the impact of the furlough on your employment status without consulting with you and having more information about the... Read More
Employment Contracts
North Carolina

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