North Carolina Employment Legal Questions

It is possible.  If you were terminated because of a disability as defined by the Americans with Disabilities Act (which it sounds like your condition is), then you can probably file a wrongful termination suit against the company.  If not, you may still be able to file a suit if you were terminated because the employer refused to provide you with a reasonable accommodation for your condition and that refusal is what led to the termination.  You really need to consult with an experienced employment attorney.... Read More

The job description is of little importance because actual duties are what matter legally.  You must be paid for all overtime hours unless you are exempt.  To be exempt, you must meet all requirements of one of a number of exempts.  It appears your employer is trying to claim the executive (managerial) exemption for you.  There are several requirements to meet this exemption.  The most important are: 1.  Salary of $455 per week; 2. The primary duty must be managing (as defined by law) 3.  Manage at least 2 full time exmployees (or their equivalent); 4.  Have the authority to hire and fire or have his/her recommendations on hire, fire, promotions etc. be given particular weight.   If any of the above do not apply, then you are no exempt under the executive exemption and you should consult with an attorney. ... Read More

If they have less than 50 employees, then the FMLA does not apply and your position is not guaranteed.  If they have less than 50 employees, there is no such guarantee.  In limited circumstances, you could file a claim alleging pregnancy discrimination if the employer allows leave of 6 weeks for non-pregnancy related medical leave.... Read More

Employers in North Carolina are not required to provide vacation time. If they do, they are allowed to adopt "forfeiture" policies under which employees lose accrued but unused vacation time.  If you believe that the forfeiture policy did not apply to you because you provided notice (or for any other reason), then you should contact the North Carolina Department of Labor's Wage and Hour Division to file a claim.  On the web: nclabor.com.... Read More

The good news is that being denied unemployment benefits has nothing to do with whether you will succeed in an unlawful (wrongful) termination claim. The bad news is that an "unjust termination" is not a basis for a wrongful termination claim.  North Carolina is an employment-at-will jurisdiction which means that an employer can fire an employee for good reason, bad reason or no reason at all.  The only time you can pursue a legal claim against an employer for wrongful termination is if the employer's motive for termination was unlawful.  In general, there are only two unlawful motives: unlawful discrimination or unlawful retaliation.  However, since North Carolina is an employment-at-will state, all forms of discrimination and retaliation are lawful unless specific defined as unlawful. Bottom line:  nothing in the facts you provide indicate a wrongful firing.  However, there may be other facts that would indicate a wrongful firing. I suggest that you search for, and set a consultation with, an experienced employment attorney to fully discuss the matter if you want to pursue it.... Read More

I do not see any case in these fact, but that is not to say that there are not other facts that would support a case.  North Carolina is an employment-at-will state and employees can be fired at any time for good reason, bad reason or no reason at all.  You can only file a wrongful termination case if you can show that the motive for your termination was either unlawful discrimination or unlawful retaliation.... Read More

The only way to force her to pay if she will not is to file a wage and hour lawsuit against her.  You should consult with an experienced employment attorney about such a filing.  There are several factors that the attorney will need to consider in deciding whether to take your case and what type of fee agreement to offer.... Read More

Unfortunately, there are no privacy rights with a private employer and no prohibition against searches.  If it was a governmental employer, then you have certain privacy rights and protection against unlawful searches.  If the employer still owes you money, you can file a claim with either the NC Department of Labor or the US Department of Labor depending on the gross income of the company.... Read More

It is not unlawful to terminate an employee who is on FMLA.  It is unlawful to terminate the employee because the employee has used FMLA or to hold an employee responsible for absences or performance issues caused by the FMLA leave.  If you cannot afford an attorney, I recommend that you contact the US Department of Labor to file a claim if you believe the employer violated the FMLA.... Read More

In North Carolina you can lawfully record any conversation you participate in.  However, it is a serious crime to record a conversation you are not participating in.  Aside from issues about the legality, it is lawful for your employer to prohibit you from recording the conversation.  Many employers have rules against recording on premises or order employees to stop recording if they learn the employees are recording.... Read More

Yes, he can.  In fact, he could prohibit the side work completely if he so chooses.  Here are the options that I see on the liability release: 1.  Do what he asks. 2.  Do not to what he asks and run the risk of being fired/having your contract terminated. 3. Quit. If you are an employee (he does tax withholding), then you may have options for an unpaid overtime claim if you are a non-exempt employee. I would recommend discussing this matter fully with an experienced employment attorney.... Read More

I charge for consultations, but I know for sure that there are young attorney and those who are inexperienced in employment law who do not charge.  Of course, you are getting what you pay for with those attorneys.  The high quality employment attorneys will charge for advise. You are limited in what you can claim under the ADA because the law only allows certain types of damages.  If you are not entitled to back pay for some reason, then your case will be very low value because all that would be left would be punitive and emotional distress damages. Punitive damages are very, very rarely awarded in North Carolina and emotional distress award are very low.  You say you want more, but what you want has no bearing on the claim. The issue is what you can prove and what you are entitled to.  I do need to advise you that the EEOC determination is in no way binding on a court or a jury if you file a lawsuit.  In court, you will have a much higher burden of proof than what the EEOC required. However, in the end, I do not know what your damages might be without the consultation. Which I do charge for, so it may be a Catch 22 if you are unwilling or unable to pay an attorney for a consultation.... Read More

You should re-read the I-9.  It states that the employee must complete the form "No later than the first day of employment."  That means you must present the documents, but there is a grace period for the employer to finalize the I-9. In actuality, employers should have the I-9 completed before the employee begins work.  ... Read More

It is lawful in almost every case for an employer to fire you in retaliation for a complaint.  There are a few complaints that are defined as "protected activities" and any type of retaliation for that type of complaint is unlawful.  I do not see that in what you have posted, but you may want to discuss this with an employment attorney. ... Read More