North Carolina Employment Legal Questions

Generally, if you are an exempt employee, your employer cannot reduce your salary for time you miss away from work.  If it does reduce your salary due to time you miss from work, then you effectively become a non-exempt employee meaning that the employer must pay you for overtime. I think you are saying that you gave a 2 week notice and the employer did not allow you to work those 2 weeks.  If so, that would not be unlawful as employers are not required to allow you to work a notice period (or any period actually). If you are certain your paycheck is not correct, you can file a claim with the Department of Labor.... Read More

I cannot tell from the information you provided if the law has been violated.  If you are an exempt employee, then it would be lawful in some cases to deduct the day from your pay. The employer could have a policy that would allow you to substitute paid time off for the missed hours so you do not lose pay.... Read More

Yes, an employer can reduce hourly pay as long as it pays minimum wage and overtime if applicable to the position.  The other alternative the employer has is to add additional employees to protect against overtime.  For example, if you work 46-80 hours per week, the employer could simply hire two employees to split those hours.... Read More

The law does not prohibit you from telling third parties why you let an employee go.  However, if you work for a business or other employer, you should verify that such action would not be a reason for the company to fire you.  Additionally, you always run a risk that the employee would sue you for defamation.  So, while you might be able to do it, you should ask: should I do it?... Read More

You should consult with n employment law attorney but it will be difficult in these circumstances. It will depend greatly on what specifically he said and that he said it to others. What is said during a proceeding such as an unemployment hearing are typically not subject to defamation claims.... Read More

Probably not as long as the information the manager provided was truthful even if the allegations were false.  Example: you are being investigated for something you did not do.  Your manager tells the part-time job you are being investigated.  What the manager said was true even if you did not do what was alleged to form the basis of the investigation.... Read More

The company was not obligated to give her a job unless her medical leave was covered by FMLA and her leave was 12 weeks or less.  There are several requirements that must be met for an employee to be eligible for FMLA.  No law prevents the employer from cutting her hours.  However, if the reduction is due to her use of FMLA, then there might be a legal claim.... Read More

There is no way to file a lawsuit against your employer due to being denied unemployment.  The Division of Employment Security decides whether you are qualified for unemployment or not.  If you are denied, you have a right to appeal the decision with the DES. However, the DES may not find in your favor ultimately. Additionally, your employer is not required to pay you for time you are unable to work due to medical or physical restrictions unless there is some type of medical or sick leave that you have available.  However, if your injury is work related, then you may be entitled to workers compensation benefits. Perhaps you should consult with a workers compensation attorney if you believe that it is a work related injury.... Read More

The employer does have the information. I am not aware of any law that requires them to give the information to you. I am also not sure that a complaint with the USPS will be worth the time...but I do understand your frustration as to not being paid on time. Focus your attention on assisting to make sure the replacement check gets out as quickly as possible.... Read More

The issue of salary versus hourly is of little importance when faced with an overtime question. An employee in North Carolina must be paid for all hours worked over 40 per week unless the employee is an exempt employee.  There are about a half a dozen different exemptions.  If you fall in one of the exemptions, then it does not matter if you work 40 hours, 50 hours, 100 hours or more, you are not entitled to overtime. If you have questions about whether you are exempt or not, you should consult with an experienced employment attorney.... Read More