North Carolina Employment Contracts Legal Questions

Employers in North Carolina can fire an employee for sickness even with a doctor's note.  The only time an employer cannot consider sickness related absences is when the absences are covered by the Family and Medical Leave Act.  Your wife was not employed long enough to be covered.  However, she should be eligible for unemployment benefits assuming that she has worked enough over the past few quarters.... Read More

If you resign, you almost certainly will not be eligible for unemployment benefits.  Additionally, there would not be a claim for wrongful termination because you quit and were not terminated.  Honestly there are few times that you can file a wrongful termination lawsuit, but if you quit there is almost zero chance.  I highly recommend that you speak to an experienced employment attorney to discuss your options.... Read More

No, just cause is not required whether you are in your probationary period or not.  North Carolina is an employment-at-will jurisdiction which means you can be fired at any time for any reason.  As for taking it to HR, I do not see any reason not to if you are going to be fired anyway.... Read More

It is highly unlikely that the "job offer" is an enforceable contract, but if it was, then a breach of contract is possible.  Not likely, but possible.  You reference her being a "minority."  If this happened to her because of her race, she may be able to pursue a race discrimination claim.  However, she needs to move quickly as these claims have a very short time period for filing.... Read More

I am very confused by the response from the Division of Employment Security.  You are only entitled to benefits if you are unemployed within the meaning of the law, or if you making substantially less money because the employer is not giving you enough hours.  Putting you in a commission only job is neither.  I cannot see, as I understand your facts, how you can be eligible for unemployment benefits.  You probably should consult with an attorney who is experienced in handling unemployment claims.... Read More

If you are a non-exempt employee, the employer must pay you for all time worked.  You do have a right to file with the Department of Labor.  However, it may be a better course of action to complain to HR or management that you are not being paid for all hours worked.  If you are an exempt employee, then it doesn't matter and the employer is not required to pay you for all hours. ... Read More

No, it is not null and void.  Federal law requires employers to give an employee who is 40 or older at least 21 days to consider a separation agreement that contains a release of claims under the Age Discrimination in Employment Act.  During the 21 day period, the employer may not retract or modify the agreement.  If the employer does modify the agreement, a new 21 day period begins.  If the employee has not accepted the agreement within the 21 day period, the employer is allowed to withdraw the separation agreement and release. However, the employer could still allow the employee to sign the agreement after the 21 day period if it chooses to do so. The clause you refer to is common in employment separation and release agreements.  It is possible that your employer would consider removing this language.  However, you would need to talk to someone at the company to discuss. ... Read More

That is a horrible situation.  However, North Carolina is an employment-at-will state and you can be fired for any reason; good reason, bad reason or no reason at all.  The only time that you can file a legal claim related to a termination is if you are fired for an unlawful reason.   ... Read More

You have to assume that it will be enforceable.  If it is too dangerous for you to sign, i.e. you will need to take a job that is prohibited by the agreement if you leave employment, then you probably should not sign it.  However, keep in mind that you could be fired if you do not sign it. ... Read More

There is no such document required during a restructure. However, if an employee over the age of 40 is asked to sign a waiver of rights, then the Older Worker's Benefit Protection Act applies.  The OWBPA requires that, if the waiver is offered in connection as an exit incentive to a group of employees, the employer must provide: "the job titles and ages of all individuals eligible or selected for the program, and the ages of all individuals in the same job classification or organizational unit who are not eligible or selected for the program."  http://www.eeoc.gov/eeoc/history/35th/thelaw/owbpa.html... Read More

It really depends on what the contract says.  If it describes a certain geography and you are working outside of the geography, it would not seem that you could be successfully sued.  However, I strongly recommend that you get the agreement reviewed by an experienced employment attorney to make sure that all your bases are covered. ... Read More

You probably have a claim under our Wage and Hour Laws.  Employers are supposed to pay "promised" wages.  If they are not paying you the promised wages you can file a lawsuit in the appropriate court or file a complaint with the US or State Department of Labor, Wage and Hour Division depending on whether federal or state law applies.... Read More

I assume by "win my case" you refer to your right to obtain unemployment compensation. That depends entirely on the administrative process with your state's unemployment administrator. Without seeing and evaluating the evidence you have, no one can tell you whether you can win or not. As a general matter, an employer may require employees to report for work every day and need not honor excuses related to the care of children, regardless of how sick they are.... Read More

If the bonuses were payable only in your employer's discretion, which is the custom, then your employer may exercise its discretion to withhold them. Generally speaking, if you have a written contract that specifies the terms of your employment (and repayment duty), those terms alone will be controlling. It may be worth your while to review your contract with an attorney.... Read More

It likely does not void the non-compete agreement as it is a separate agreement from any contract for employment.  It may be grounds to void any contract for current employment, but, absent language in the non-compete stating that this would void the non-compete agreement, it likely would not invalidate the non-compete.  You should read the non-compete agreement and consult a local employment law attorney to determine what your rights are. This is not intended to be legal advice, and is general in its nature. No attorney-client relationship exists or is formed by this information. Furthermore, this does not represent the views or opinions of LexisNexis or its affiliated companies.... Read More