North Carolina Employment Legal Questions

No, you cannot.  The employer is legally allowed to set how many hours an employee works which, in turn, controls who is full-time and who is part-time.  The employer is free to give you 40 hours one week and 15 hours the next if it wants.   Now, it is a little bit different if the concern is with benefits.  Employers who offer benefits like health insurance or retirement, are required to have those plans in writing and the plan documents say what you need to do to become eligible i.e. 40 a week for so many weeks out of the year.... Read More

Unless he goes to the NC Department of Labor or files some sort of lawsuit, you should be fine. I would suggest that, in anticipation for an investigation by the NC Department of Labor or a lawsuit, that you get together statements from all parties that heard him agree to repay the amount owed. Also, use as proof each week of payroll where the amounts were deducted. This can be used to show that he was on notice that the amounts were being deducted and did not take action until after his termination. If there are any emails, texts, or documents that mention the amounts owed, print and keep them as evidence. If you do receive notice of suit or complaint from the NC DOL, you should contact an attorney.... Read More

In almost all cases, mandatory training on the employer's premises is compensable time (i.e. you must be paid for it).  Problem is that it is such a small amount that it would not be worth the expense to retain an attorney.  You could file with the Department of Labor, but that would certainly make your employer unhappy.... Read More

Probably not.  It is unlawful to fire an employee who refuses to violate the law or who reports unlawful actions of the employer (or employees) to a governmental agency.  However, that does not appear to apply in this case.  However, it may be possible to sue the employer if the employer is making defamatory statements or is truly "blacklisting" you.  The DES determination has no bearing on any other legal proceeding including wrongful firing.  ... Read More

It is possible that the Family and Medical Leave Act (FMLA) could apply to your situation.  If you were an eligible employee, working for an eligible employer, you are entitled to up to 12 weeks of leave per year to deal with a serious health condition. The employer must place you in the same or substantially similar position if you are able to return before the expiration of your leave. It is highly unlikely that you will be able to claim damages because you got a stomach virus at work.... Read More

It depends on the circumstance.  If you have a contract or an agreement which is at the heart of the dispute, it may have a forum selection clause which will tell you which state the matter should be filed in.  If no contract, then it is usually the state in which the employee worked.  You probably should consult with an experienced employment attorney about this matter.... Read More

This certainly seems unfair and a bad situation to be in. However, these facts do not indicate any unlawful treatment.  However, if there are other circumstances that you did not address here, or you want more specific advise, I recommend that you consult with an experienced employment attorney.... Read More

You need to consult with an experienced employment attorney.  There are many traps that you can fall into if you do not have good legal assistance.  Additionally, there are rules and laws that will impact your case that the company's attorneys will know, but the average attorney you might consult with will not.  As one example only, by law, no material or evidence in the DES file (unemployment) can be used in any other legal proceeding including the one you filed. You should research your potential attorney carefully and make sure that she/he is sufficiently experienced in handling employment law claims for employees.  Additionally, you must be ready to accept that, no matter how strongly you feel about your claims, the claims generally have very specific monetary value. ... Read More

In general, there are no laws that require an employer to return you to your job.  The only way to return to a job that you have been removed from is to file a lawsuit, win the lawsuit and the judge decide that he/she will order reinstatement.  However, there are very few legal claim that you can file that would lead to such an order.... Read More

Generally, no.  Your employer must pay you according to the pay practice for your position.  If there is a production pay system, then they must pay you according to that system.  Two things to keep in mind though. First, they can pay you in a different way than the production system and in a different way than your co-workers, as long as you are notified in writing that your pay is different.  Second, firing you for complaining about an unlawful pay practice would itself be unlawful.  However, that will not necessarily stop your employer from firing you.... Read More

Employers are required to pay you all wages earned on the next payday for that period.  You can file a claim with the NC Department of Labor's Wage and Hour Division.  Keep in mind that it is unlawful to fire you because you filed with the DOL, but that will not stop an employer from doing so.... Read More