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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 14
Do you have any North Carolina Employment questions page 14 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

I was informed, by lawyer not to sign severance package, because of legal reason. I lost the case, does that mean I loss my severance pay?

Answered 11 years and 7 months ago by attorney Kirk J. Angel   |   1 Answer   |  Legal Topics: Employment
Not sure what you are saying.  What case?  Did you sue the company for something?  If you were offered a severance package, then you probably had a limited amount of time to sign it and accept the severance benefits.  If the time to accept has expired, then you cannot accept it unless the company decides to offer it to you again.... Read More
Not sure what you are saying.  What case?  Did you sue the company for something?  If you were offered a severance package, then you... Read More

if you settlea claim should the amount be the exact amount you settled for with no deductions?

Answered 11 years and 7 months ago by attorney Kirk J. Angel   |   1 Answer   |  Legal Topics: Employment
If it is an employment claim, then deductions are almost always required by law and IRS regulations.
If it is an employment claim, then deductions are almost always required by law and IRS regulations.

Collecting unemployment and separation pay at same as advised by ex-employer American Express. They said separation is different than severance.

Answered 11 years and 7 months ago by attorney Kirk J. Angel   |   1 Answer   |  Legal Topics: Employment
The Division of Employment Security is concerned about money that you receive from the former employer regardless of what it is called (separation or severance) or the reason you received it (i.e. vacation payout or severance). The advice or recommendation that AMEX gave you is not a defense to the collection action by the DES.  Yes, you have a right to appeal any adverse decision of the DES.  I recommend that you treat this seriously, appeal, and then retain an attorney to represent you at the hearing.... Read More
The Division of Employment Security is concerned about money that you receive from the former employer regardless of what it is called (separation or... Read More

Is it legal to be suspended for a week for not attending a mandatory meeting at my job that they don't pay you for?

Answered 11 years and 7 months ago by attorney Kirk J. Angel   |   1 Answer   |  Legal Topics: Employment
North Carolina is an employment-at-will state.  You can be suspended or fired for any reason.  They may owe you wages for any meeting you are required to attend, but they can suspend or fire you for not attending.
North Carolina is an employment-at-will state.  You can be suspended or fired for any reason.  They may owe you wages for any meeting you... Read More

I would like to know if an employer is supposed to update you on performance issues duiring the six months probation period of beginning employment?

Answered 11 years and 7 months ago by attorney Kirk J. Angel   |   1 Answer   |  Legal Topics: Employment
It may not be fair for you not to get more time.  However, the law does not require any more time or modifications to the probation.  Housing Authority employees are at-will in North Carolina.
It may not be fair for you not to get more time.  However, the law does not require any more time or modifications to the probation. ... Read More

someone went to hr and told alie about me if i cannot prove that she is liying and lose my jog what can i do

Answered 11 years and 7 months ago by attorney Kirk J. Angel   |   1 Answer   |  Legal Topics: Employment
Unfortunately, probably nothing if you cannot prove she is lying.
Unfortunately, probably nothing if you cannot prove she is lying.

Can a fast food resturant train you for 3 hours without pay?

Answered 11 years and 7 months ago by attorney Kirk J. Angel   |   1 Answer   |  Legal Topics: Employment
More than likely the restaurant would owe you wages for that time.  You could file a wage complaint with the Department of Labor over the issue.  Not sure it is worth it, though.
More than likely the restaurant would owe you wages for that time.  You could file a wage complaint with the Department of Labor over the... Read More

In N.C.G.S. 96-15(i), what acts or omissions constitute "fraud"?

Answered 11 years and 7 months ago by attorney Kirk J. Angel   |   1 Answer   |  Legal Topics: Employment
That portion of the Employment Security law deals with court hearings after DES appeals have been exhausted.  I think you meant to cite another provision.
That portion of the Employment Security law deals with court hearings after DES appeals have been exhausted.  I think you meant to cite another... Read More

Can you ban a terminated employee from coming on Company property?

Answered 11 years and 7 months ago by attorney Kirk J. Angel   |   1 Answer   |  Legal Topics: Employment
Yes, if the company controls the property, i.e. owns or rents it. The company cannot control who accesses public property or another party's property.
Yes, if the company controls the property, i.e. owns or rents it. The company cannot control who accesses public property or another party's... Read More

Former employer contacts current employ er

Answered 11 years and 7 months ago by attorney Kirk J. Angel   |   1 Answer   |  Legal Topics: Employment
If you have questions about a non-compete you should consult with an experienced employment attorney who can review the agreement and offer advice.
If you have questions about a non-compete you should consult with an experienced employment attorney who can review the agreement and offer advice.

In a termination, is an employer required to pay severance?

Answered 11 years and 7 months ago by attorney Kirk J. Angel   |   1 Answer   |  Legal Topics: Employment
There is no law that requires employers to pay severance.
There is no law that requires employers to pay severance.

I was terminated from my job. My job was eliminated

Answered 11 years and 8 months ago by attorney Kirk J. Angel   |   1 Answer   |  Legal Topics: Employment
You can file a legal claim only if you can show you lost your job due to unlawful discrimination or unlawful retaliation.
You can file a legal claim only if you can show you lost your job due to unlawful discrimination or unlawful retaliation.

My past employer said things to keep me from getting new job

Answered 11 years and 8 months ago by attorney Kirk J. Angel   |   1 Answer   |  Legal Topics: Employment
You should consult with an experienced employment attorney about bringing a lawsuit against the employer.
You should consult with an experienced employment attorney about bringing a lawsuit against the employer.

If an employee is released from employment, does he have the right to ask for a copy of his personnel file an any/all write ups including termination

Answered 11 years and 8 months ago by attorney Kirk J. Angel   |   1 Answer   |  Legal Topics: Employment
You can ask.  However, unless you work for the government, the employer is not required to give you a copy or even allow you to look at your personnel file.
You can ask.  However, unless you work for the government, the employer is not required to give you a copy or even allow you to look at your... Read More

I work 52.25 hours a week and I get paid $9.00, am entitled to overtime pay?

Answered 11 years and 8 months ago by attorney Kirk J. Angel   |   1 Answer   |  Legal Topics: Employment
Maybe.  It depends on whether your position is exempt or not.  There are several exemptions and to determine if you are exempt, you would need to consult with an experienced employment attorney.
Maybe.  It depends on whether your position is exempt or not.  There are several exemptions and to determine if you are exempt, you would... Read More

worked through breaks without pay

Answered 11 years and 8 months ago by attorney Kirk J. Angel   |   1 Answer   |  Legal Topics: Employment
While it is possible that you were entitled to the pay, our wage and hour laws have "rolling" statutes of limitations.  In general, the time period is two years.  So, you would be able to claim back pay from the day you file your lawsuit back two years.  Currently, that would cover back to August of 2012 if you were able to file now, but not before that.... Read More
While it is possible that you were entitled to the pay, our wage and hour laws have "rolling" statutes of limitations.  In general, the time... Read More

Can my husband sue his former employer for slander/defamation?

Answered 11 years and 8 months ago by Mr. Kenneth Love, Jr. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Employment
He should speak to an employment attorney but unfortunately defamation is not likely. There is an exception for defamation when evidence is given during an administrative or judicial proceeding...even if false. It seems she either lied or misunderstood what was going on. It is common for employers to get the wrong idea when dealing with police coming to the place of employment. In these situations, I often tell my clients to relax, do what you can at the hearing and focus on the future. Letting this beat you or him up is not rational and will do nothing to help your situation. Bottom line, people lie, and some are just horrible human beings...don't let them ruin your mental health.... Read More
He should speak to an employment attorney but unfortunately defamation is not likely. There is an exception for defamation when evidence is given... Read More

can you be terminated while under doctors care

Answered 11 years and 8 months ago by attorney Kirk J. Angel   |   1 Answer   |  Legal Topics: Employment
Yes.  It is lawful to terminate an employee who is under doctor's care unless the termination is due to absences that are covered by the Family and Medical Leave Act (FMLA).
Yes.  It is lawful to terminate an employee who is under doctor's care unless the termination is due to absences that are covered by the Family... Read More

I am a field service tech for a national equipment company . I am required to be on call every other week for after hours and weekend calls.

Answered 11 years and 8 months ago by attorney Kirk J. Angel   |   1 Answer   |  Legal Topics: Employment
It is possible that some or all of that time should be paid time. You should consult with an experienced employment attorney as soon as possible.
It is possible that some or all of that time should be paid time. You should consult with an experienced employment attorney as soon as possible.

Roofer broke his leg on my property

Answered 11 years and 8 months ago by attorney Kirk J. Angel   |   1 Answer   |  Legal Topics: Employment
This is not an employment question.  However, it is possible that they could be liable. They should probably report the incident to their homeowner's insurer.
This is not an employment question.  However, it is possible that they could be liable. They should probably report the incident to their... Read More

How long should we be paying an employee for being hurt and what should his rate of pay be?

Answered 11 years and 8 months ago by Mr. Paul L. Whitfield (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Employment
Pay at 2/3s wages while he is unable to work, if dr says he is unable do you not have worker comp coverage. If so turn it over to them.
Pay at 2/3s wages while he is unable to work, if dr says he is unable do you not have worker comp coverage. If so turn it over to them.

having my hours cut at job so i would just quit. So i cant file for unemployment.

Answered 11 years and 8 months ago by attorney Kirk J. Angel   |   1 Answer   |  Legal Topics: Employment
Unfortunately, he has the right to cut your hours even if it is a financial hardship for you.
Unfortunately, he has the right to cut your hours even if it is a financial hardship for you.

Can my employer continue to refuse my termination?

Answered 11 years and 8 months ago by attorney Kirk J. Angel   |   1 Answer   |  Legal Topics: Employment
If you are not working, especially for that long, you should file for unemployment.
If you are not working, especially for that long, you should file for unemployment.

does every business have human resources

Answered 11 years and 8 months ago by attorney Kirk J. Angel   |   1 Answer   |  Legal Topics: Employment
Most medium and large business do, but not most small business.  However, there is no legal requirement that an employer have a human resource department.
Most medium and large business do, but not most small business.  However, there is no legal requirement that an employer have a human resource... Read More

Receiving back pay

Answered 11 years and 8 months ago by attorney Kirk J. Angel   |   1 Answer   |  Legal Topics: Employment
You might have a claim under the Wage and Hour Act if you were promised $8.00 per hour, but were not paid that.  To move forward, you would need to file a claim with the Department of Labor or a lawsuit.  I wonder if it would be worth it financially.
You might have a claim under the Wage and Hour Act if you were promised $8.00 per hour, but were not paid that.  To move forward, you would need... Read More
Labor and Employment
North Carolina

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