North Carolina Employment Legal Questions

I am not sure what license you are referring to. You always have the right to refuse medical treatment, but there may be consequences to doing so. First, if you are talking about a driver's license, there is a process that must be followed before your license can be taken. If you are talking about a professional license such a driving a truck or other heavy machinery, many agencies have rules that if you refuse such tests, your license could be pulled anyway. Before you agree or disagree, you should speak to an employment attorney. Also, I don't think you can make much of not needing an EMT...if you passed out at work, your job had a duty to make sure you were ok and calling an ambulance was reasonable.... Read More

1.  Yes, you can be required to work 24 hours per day,  7 days per week, year round.  However, the employer would have to pay you for those hours over 40 unless you are an exempt employee.  Simply putting you on a salary does not make you an exempt employee. 2.  In general, an employer cannot deduct hours from the salary of a salaried exempt employee for missing time unless you miss a full day. As to these 2 issues and the other matters included in your inquiry, I highly recommend that you consult with an experienced employment attorney and go through these issues with that person.... Read More

I do not see a question here.   Even so, in North Carolina an employer is not required to work with your class schedule.  If you work for an FMLA covered employer, and you are an FMLA eligible employee, you may be entitled to time off for a serious health condition (the surgery and recovery). That will protect your current job during your absence.  It is possible, that if you are retaliated against due to use of FMLA, that you may have a claim for that retaliation.... Read More

There is no right of privacy in a non-governmental workplace and this is not a matter covered by employment law in North Carolina.  There could possibly be some tort claim such as intentional infliction of emotional distress, but that claim and the other torts that might apply are very tricky in these situations.... Read More

I do not see a question in this post.  However, I would note two things about the EEOC Notice of Suit Rights.  First, it has nothing to do with the strength of your claim.  It is simply the end of the EEOC investigation and it certifies such.  Second, you must file your claim within 90 days of the Right to Sue or your claim will be forever lost. I do note that the treatment of the other two individuals could be support, depending on their situation and your, for your claim and vice versa. Basically there can be strength in numbers or, at the very least, the others could be witnesses for you. If I were you, I would try to determine if either or both were interested in pursuing similar claims, then set up a consultation with an experienced employment attorney (whether or not the others want to pursue a claim). ... Read More

I will address each of your concerns by number that corresponds with the number you used. 1.  The law requires employers with 15 or more employees to not discriminate against pregnant employees.  However, the law does not require employers to treat pregnant employees better than non-pregnant employees. If an employer expects a non-pregnant employee to perform duties as part of the job, it can lawfully require a pregnant employee to perform the same.   2.  If you are over the age of 17, you can be required to work in unpleasant conditions.  Employers are not required to pay "hazard" pay.   3.  If employees are performing any work, including training, at the direction of the employer, the employee must be compensated for it if the employee is a non-exempt employee.   4.  In general, employers cannot require an employee to submit to a polygraph except in limited circumstances if there is an incident that led to an economic loss and there is reasonable suspicion the employee has caused the loss.  You can lawfully record any conversation you are a part of, but the employer can lawfully terminate you for such recording.   5.  The government may be interested in the employer's hiring practices if they are in violation of our immigration and work laws, but it does not allow you to make a legal claim for it.   6.  I see no "class action" claim in these facts.... Read More

Unfortunately, there is likely nothing that you can do regarding the change in the duties from what you expected.  North Carolina is an employment-at-will state and the employer can change your duties or even fire you for any reason at any time.   They are not required by law to give you an evaluation and, if they are not giving the evaluation, then there is no way to force them to do so.  If your sign on bonus is in writing and it clearly says you are entitled to the pay and the date for payment, you may have a claim for unpaid wages. ... Read More

Unfortunately, you didn't give us enough information for a specific answer. The short answer is yes. In North Carolina, an at will work state, the employer can pretty much ask you to do anything. The only real limitation would if safety or licensure is a concern. Example: the employer cannot have an unlicensed staff member work a forklift. But if safety is not an issue the employer is not limited by your job description.... Read More

I really cannot tell what has happened from this post.  What is a representative?   Do you mean a union steward? Did they fire you for violation of safety rules? Did they fire you because you sought medical treatment for an on-the-job injury (workers compensation)?  If you were terminated because of a workers compensation claim, you may have a legal claim against your former employer.  You probably should consult with an employment attorney to help you sort through this.... Read More

Yes, you can be terminated for good reason, bad reason or no reason at all.  The issue is: can you file a legal claim for wrongful firing if you are terminated?  In this situation, you may be able to show a violation of the FMLA.  Terminating you while you were on FMLA is not, by itself, a violation.  However, if you can show that the reason for the termination (i.e. bad performance and low production) were caused by your FMLA, then you may be able to bring a claim against the employer for violation of the FMLA.... Read More

They can deduct it,  but it may be unlawful to do so.  Before an employer can deduct anything other than legally required amounts from an employee's wage, it must comply with certain disclosure requirements.  If these requirements are not met, then the wage deduction may be unlawful.  If you feel you have been subjected to an unlawful deduction, you can contact the NC Department of Labor.  You can also get more information about deductions on its website at nclabor.com. ... Read More