North Carolina Employment Legal Questions

You should consult with an experienced employment lawyer as soon as possible.  Workplace bullying is not unlawful unless it was based on race, color, sex, national origin, religion, disability or age 40 or older.  Likewise, complaints about bullying are not protected from retaliation unless you complained about bullying based on one of these seven factors.  If you did complain that the bullying was based on one of these factors, and you were fired for that complaint, then you may have a legal claim. Additionally, certain complaints about wages or failure to pay wages are protected.  If you made a certain type of wage complaint, and the employer terminated you due to the complaint, then you may also have a legal claim.... Read More

The is no general employment law that requires an employer to allow you to have time off work for health or medical treatment.  However, the FMLA may apply to your situation. If your employer is covered by the FMLA and you are an FMLA eligible employee, then you are entitled to 12 weeks of leave per 12 month period for a serious health condition.  You must return to work on or before your FMLA runs out or your employer will be able to legally fire you regardless of your health condition.... Read More

It is lawful to lower your wages as long as it is not due to unlawful discrimination or unlawful retaliation and as long as you are paid at least minimum wage.  The employer is not required to allow you access to your personnel file unless you work for the government. Retaliation for contacting the company's hotline is not unlawful unless you were reported unlawful discrimination or a wage and hour complaint.... Read More

You may want to speak to HR about this situation.  Unfortunately, North Carolina is an employment-at-will state and you can be fired for good reason, bad reason or no reason at all.  You can only file a lawsuit if you can show that your firing was based on either unlawful discrimination or unlawful retaliation.... Read More

It depends. Employers may not seek your medical records. The problem is that these are technically not medical records because the employer is doing it and not your doctor AND personality tests are not really considered medically necessary procedures. Unfortunately, employers do not owe you any duty of confidentiality so, yes this is legal.... Read More

I am not aware of any way for you to get your job back.  If they terminated you, they no longer want you to work for them.  If you can find some way to claim wrongful firing (which is only available if you can show unlawful discrimination or unlawful retaliation), then you can collect money damages or, in rare cases, get your job back.... Read More

Sure, it could refuse to pay you for the commission.  The question is: could you file a legal claim for the commissions?  The answer is: possibly.  The wage and hour law in North Carolina requires an employer to pay promised wages if the employee earns the promised wage.  The issue will be what the pay policy/agreement says.  For example, does it say that you forfeit any unpaid commissions if you are terminated?  The pay policy/agreement itself only terminates if it is replaced by a new policy/agreement.... Read More

There is no general right of privacy for information that an employer obtains about an employee. The Americans With Disabilities Act, which covers employers with 15 or more employees, requires employer to keep employee health and medical information confidential.  The ADA is enforced by the Equal Employment Opportunity Commission.  More information can be found on that agency's website.... Read More

The employer cannot make you work if you do not want to. If there is no contract that covers your employment, then they cannot sue you for not staying.  However, they could do something like refuse to pay out your vacation (if they have a policy on that) or not give you a good recommendation or list you as not eligible for rehire.... Read More