North Carolina Employment Legal Questions

You would need to ask this question in the Virginia forum rather than North Carolina.  However, in NC, human resource files are property of the employer.  The employer can choose who to release the information to.  However, any medical or health information must be protected from disclosure if the employer has at least 15 employees. ... Read More

This is a much more complex question than it seems and if you are interested in a full and complete answer then you should schedule a consultation with an experienced employment attorney. However, that said, there is a legal exemption from overtime pay for outside sales representatives.  That means they are not entitled to overtime pay as they are legally "exempt" if you are an outside sales person as defined in the law.  Additionally, there is no limit on the number of hours an employer can work an employee over the age of 17. ... Read More

If you already have an opinion from financial adviser and my accountant, and they both believe I should have immediate access to the money, I wonder why you want an opinion from a mere lawyer. I do not practice law in this area. I think you do have a right to immediate access to the money but it sounds like if you wait a bit, you will get more. You should not follow my advice. I do not practice in this area.... Read More

Yes, you can lose your job.  This is an employment-at-will state which means you can be fired for any reason and there is no liability for the employer unless there is an unlawful motive for the action taken against you. There are generally only two forms of unlawful motives: unlawful discrimination or unlawful retaliation. Discrimination in employment is unlawful if it is due to race, color, sex, national origin, religion, disability or age 40 or older. Retaliation in employment is unlawful if you engaged in one of a handful of "legally protected" activities and were fired for engaging in that activity. If either of these was the motive for the termination, then you may have a claim for unlawful termination.... Read More

Yes, the employer can dock your pay for being late.  However, it would be unlawful for the employer to dock you more than the actual time you missed as employer are required to pay for all time worked (with some exceptions for salaried exempt employees).  It might be unlawful to dock pay, if the reason for docking the pay is that you are pregnant if males or non-pregnant females do not have their pay docked in similar circumstances. ... Read More

Can they fire you? Yes.  Can they do it without informing you? Yes.  The question is:  can you file a legal claim?  Usually no as NC is employment-at-will.  But, you can file if there was an unlawful motive such as FMLA. Consult with an employment attorney if you want more detailed advice. ... Read More