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North Carolina Employment Legal Questions

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435 legal questions have been posted about labor and employment 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 whistleblower litigation, wage and hour law, and occupational safety and health (osha). All topics and other states can be accessed in the dropdowns below.
North Carolina Employment Questions & Legal Answers - Page 17
Do you have any North Carolina Employment questions page 17 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 435 previously answered North Carolina Employment questions.
Labor and Employment
North Carolina

Recent Legal Answers

Job elimination

Answered 12 years and a month ago by attorney Kirk J. Angel   |   1 Answer   |  Legal Topics: Employment
No claim simply because you are so close to retirement.  However, if your job was eliminated for unlawful reason such as age discrimination, then you may have a claim on that basis.
No claim simply because you are so close to retirement.  However, if your job was eliminated for unlawful reason such as age discrimination,... Read More

what do I need to do if I feel I was wrongful terminate after being at a job for 11 yrs ?

Answered 12 years and a month ago by attorney Kirk J. Angel   |   1 Answer   |  Legal Topics: Employment
Consult with an experienced employment attorney as soon as possible to see if you have a claim.
Consult with an experienced employment attorney as soon as possible to see if you have a claim.

How do you get around a confidentiality agreement you have signed when you know your company is involved in illegal actiivty?

Answered 12 years and a month ago by attorney Kirk J. Angel   |   1 Answer   |  Legal Topics: Employment
If there is an enforceable confidentiality agreement, then illegal conduct by the employer that is not related to the agreement is simply not relevant and the agreement is enforceable.  You should consult with an experienced employment attorney to have the agreement reviewed.
If there is an enforceable confidentiality agreement, then illegal conduct by the employer that is not related to the agreement is simply not... Read More

Legality of restricting an Early Retirement Program to specific departments, groups?

Answered 12 years and a month ago by attorney Kirk J. Angel   |   1 Answer   |  Legal Topics: Employment
Probably.  As long as the basis for benefits is not race, color, sex, national origin, disability or age 40 or older and is just the department you are in, then it is probably lawful.  There is a law called ERISA that governs employee benefits plans, but, if your employer was careful, then it could easily avoid any pitfalls under that law.... Read More
Probably.  As long as the basis for benefits is not race, color, sex, national origin, disability or age 40 or older and is just the department... Read More

How can I find out why I can't get an job interview?

Answered 12 years and a month ago by attorney Kirk J. Angel   |   1 Answer   |  Legal Topics: Employment
There is no way to find out unless the company you apply to is willing to explain it to you.
There is no way to find out unless the company you apply to is willing to explain it to you.

I am not getting paid from my employer, he is always late paying us and now it's been 2 weeks and he won't give us any answers. What can i do?

Answered 12 years and a month ago by attorney Kirk J. Angel   |   1 Answer   |  Legal Topics: Employment
North Carolina Department of Labor (nclabor.com) or United States Department of Labor (dol.gov).
North Carolina Department of Labor (nclabor.com) or United States Department of Labor (dol.gov).

Was I Wrongful terminated in the eyes of the law?

Answered 12 years and a month ago by attorney Kirk J. Angel   |   1 Answer   |  Legal Topics: Employment
Termination is "wrongful" in North Carolina only if it is based on unlawful discrimination or unlawful retaliation.  I see neither in these facts although other facts could change my view.  If you are concerned about this, you should consult with an experienced employment attorney.... Read More
Termination is "wrongful" in North Carolina only if it is based on unlawful discrimination or unlawful retaliation.  I see neither in these... Read More

Do I have a discrimination case?

Answered 12 years and a month ago by attorney Kirk J. Angel   |   1 Answer   |  Legal Topics: Employment
This seems unfair, but I do not see any unlawful discrimination claims.  Discrimination is unlawful only if it is on the basis of race, color, sex, national origin, religion, disability or age 40 or older.
This seems unfair, but I do not see any unlawful discrimination claims.  Discrimination is unlawful only if it is on the basis of race, color,... Read More

Is it possible for this non-compete contract to hold up in court?

Answered 12 years and a month ago by attorney Kirk J. Angel   |   1 Answer   |  Legal Topics: Employment
Yes.  Courts in North Carolina routinely uphold covenants-not-to compete if they meet certain requirements.   You should have the contract reviewed by an attorney who is experienced in handling these types of cases.
Yes.  Courts in North Carolina routinely uphold covenants-not-to compete if they meet certain requirements.   You should have the... Read More

Do I have any legal options against my boss who is spreading hurtful rumors about me to my other co-workers?

Answered 12 years and a month ago by attorney Kirk J. Angel   |   1 Answer   |  Legal Topics: Employment
It is possible that you could have a defamation claim.  However, those claims are very hard to pursue.  Other than that, I do not see another claim although this is certainly an unfair and mean-spirited thing to do.
It is possible that you could have a defamation claim.  However, those claims are very hard to pursue.  Other than that, I do not see... Read More

If I refuse to sign my employee handbook can my boss legally fire me?

Answered 12 years and 2 months ago by Richard Baker, Jr. (Unclaimed Profile)   |   8 Answers   |  Legal Topics: Employment
Tennessee observes the "at-will" doctrine concerning the employment relationship. This means you are employed at-will, at your will to go to work and the employers will to have you and you can be terminated for good cause, bad cause or no cause, and you can quit for the same reasons, with certain exceptions including but not limited to a written agreement, other laws which apply (EEOC, discrimination laws based on age, gender, religion etc., FMLA, ADA etc.) or the employer asks you to do something illegal, or for making a workers compensation claim.... Read More
Tennessee observes the "at-will" doctrine concerning the employment relationship. This means you are employed at-will, at your will to go to work and... Read More

can an employee cancel health inurance prior to firing?

Answered 12 years and 2 months ago by attorney Kirk J. Angel   |   1 Answer   |  Legal Topics: Employment
Yes, they can cancel.  The question is: do you have a legal claim.  The answer:  it depends.  You may want to consult with an attorney.  However, even if this is a violation, you are probably only entitled to money you actually paid the next day for treatment or prescriptions.... Read More
Yes, they can cancel.  The question is: do you have a legal claim.  The answer:  it depends.  You may want to consult with an... Read More

My supervisor is trying to get me fired because I don't agree with his unethcial ideas. Do I have grounds to sue the company if I'm fired?

Answered 12 years and 2 months ago by attorney Kirk J. Angel   |   1 Answer   |  Legal Topics: Employment
I see no claim for wrongful terimation (or any other employment claim) in these facts.  If you quit, it will be almost impossible to get unemployment benefits.
I see no claim for wrongful terimation (or any other employment claim) in these facts.  If you quit, it will be almost impossible to get... Read More

What can be done about my wage shortage?

Answered 12 years and 2 months ago by attorney Kirk J. Angel   |   1 Answer   |  Legal Topics: Employment
You can file a claim with the North Carolina Department of Labor's Wage and Hour Division.
You can file a claim with the North Carolina Department of Labor's Wage and Hour Division.

i am on call for work. the roads will be terrible tonight due to ice. if i wreck on the way my boss says i am not covered.

Answered 12 years and 2 months ago by attorney Kirk J. Angel   |   1 Answer   |  Legal Topics: Employment
That's right.  Normal commuting to and from work is not time for which the company is responsible.
That's right.  Normal commuting to and from work is not time for which the company is responsible.

can my employer keep my last pay check if i owe on an advance?

Answered 12 years and 2 months ago by attorney Kirk J. Angel   |   1 Answer   |  Legal Topics: Employment
Yes, upto the amount of the advance.
Yes, upto the amount of the advance.

Business travel

Answered 12 years and 2 months ago by attorney Kirk J. Angel   |   1 Answer   |  Legal Topics: Employment
Yes. Its not very nice, but it is legal.
Yes. Its not very nice, but it is legal.

I repsonded to an add for a job position online that had "discreet perks" out of curiosity. Employer responded with request for photos.

Answered 12 years and 2 months ago by attorney Kirk J. Angel   |   1 Answer   |  Legal Topics: Employment
No, it is just one of the dangers of Craigslist.
No, it is just one of the dangers of Craigslist.

was terminated through my company for accident.

Answered 12 years and 3 months ago by attorney Kirk J. Angel   |   1 Answer   |  Legal Topics: Employment
You need to appeal the denial of benefits and retain an attorney to represent you for the unemployment appeals hearing.
You need to appeal the denial of benefits and retain an attorney to represent you for the unemployment appeals hearing.

Can my husband's employer dictate whether his spouse can work for a contractor for his company?

Answered 12 years and 3 months ago by attorney Kirk J. Angel   |   1 Answer   |  Legal Topics: Employment
No, your husband's employer cannot dictate where you work.  However, your husband's employer can terminate him if you work somewhere they do not approve.  Also, because I am not clear on your question, his employer would also have the right to stop you from working for them.
No, your husband's employer cannot dictate where you work.  However, your husband's employer can terminate him if you work somewhere they do not... Read More

Do I have a wrongful termination suit?

Answered 12 years and 3 months ago by attorney Kirk J. Angel   |   1 Answer   |  Legal Topics: Employment
No.  A violation of company policy is not grounds for a wrongful termination suit.  You may be able to file a claim for unlawful discrimination based on age if you are able to offer evidence that your age (40 or older) was the reason for your termination.
No.  A violation of company policy is not grounds for a wrongful termination suit.  You may be able to file a claim for unlawful... Read More

In the state if North Carolina what rights do I have as a father for Paternity Leave?

Answered 12 years and 3 months ago by attorney Kirk J. Angel   |   2 Answers   |  Legal Topics: Employment
In certain circumstances you may be eligible for leave under the FMLA which provides time from work to care for your child and/or spouse after child birth.  There are a number of requirements including that the employer have at least 50 employees (within a 75 mile radius) and that you have worked for the employer for at least a year.  There are other requirements as well.  I suggest that you contact an experienced North Carolina employment attorney to discuss this matter further if you believe that the requirements above are met in your case.... Read More
In certain circumstances you may be eligible for leave under the FMLA which provides time from work to care for your child and/or spouse after child... Read More

Will I get fired for take short breaks?

Answered 12 years and 3 months ago by attorney Kirk J. Angel   |   1 Answer   |  Legal Topics: Employment
If you are over the age of 17, your employer can legally work you without giving you any breaks.  However, the company is well within the law to tell you to take a thirty minute break whether you want to or not.
If you are over the age of 17, your employer can legally work you without giving you any breaks.  However, the company is well within the law to... Read More

Hostile Work Environment

Answered 12 years and 3 months ago by attorney Kirk J. Angel   |   1 Answer   |  Legal Topics: Employment
This could be a violation of the law if you were terminated in retaliation for a protected activity.  I recommend that you speak with an experienced employment attorney as soon as possible and, in any case, before you file with the EEOC.  The EEOC is not your advocate.
This could be a violation of the law if you were terminated in retaliation for a protected activity.  I recommend that you speak with an... Read More
Labor and Employment
North Carolina

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