North Carolina Employment Legal Questions

Employers are not required to allow an employee time off work, even with a doctor's note, unless the time off is covered by FMLA. If the time off is covered by FMLA, then the employer must allow the employee time off.  In rare circumstances, an employer is required to allow an employee time off as a reasonable accommodation under the Americans With Disabilities Act. ... Read More

North Carolina is an at-will state which means you can be fired at any time for any reason. You can only file a legal claim if the motive for the termination is either unlawful discrimination or unlawful retaliation. So, if you are over the age of 40 and age is the only reason that you are fired, then you can file a claim for age discrimination.  I do not know what the "other factors" are, but unless they relate directly to unlawful discrimination or unlawful retaliation, you will not have a claim. Since you are still employed, I think it is very important to consult with an attorney now before you are terminated. It will help you understand your options and the law.  It will be well worth the consultation fee.... Read More

If you are an employee (not a 1099 worker), then any earned wages must be paid on the next regular payday for earning during that period.  If you haver not been paid, then you will want to contact the Department of Labor.  I recommend trying the North Carolina DOL first.  www.nclabor.com  If the federal DOL has jusrisdiction, then then NC DOL should let you know. ... Read More

There is not enough information here to give you any meaningful guidancce.  However, with more information, we would only be able to give you general guidance.  You would likely still need to consult directly with an experienced employment attorney. Even so, in broad terms, if you work for a private employer in North Carolina, there is no requirement that the employer keep you employed as all employment is at-will. That means you can be fired at any time for any reason.  The same applies with a return to work.  There is no legal claim unless you can show the failure or refusal to return you to work is based on an unlawful motive.  I do not see evidence of an unlawful motive here although things such as FMLA retaliation or an ADA violation could be possible if your situation is covered by either law. I mentioned specifically a "private employer" which means a non-governmental employer.  Some diference rules can apply to some governmental employers such as the State of North Carolina.... Read More

Yes. North Carolina is an employment-at-will state were you can be terminated at any time for good, bad or no reason at all. Short term disability is insurance that pays you while you are unable to work as long as you meet the requirements of the disability plan.  An employer in this state is allowed to terminate you if you are not at work even if you are unable to work due to a health or medical condition. The only exception is if you are eligible for, and taking, FMLA.  If you are fired due to FMLA absences, then you can file a wrongful firing claim. Also, an employer is allowed to terminate you even if you are on FMLA, as long as the FMLA is not the reason for the termination. So, if you lose your job for other reasons while on FMLA (you mention the organization shutting down), there would be no claim either.... Read More

If you are an employee and not a contracted worker (1099), then the employer must pay you all promised wages on a previously arranged payday.  If that money you mentioned was promised and earned, and should have all been paid on the 15th, then you would have a legal claim.  For that amount of money, you might want to try the North Carolina Department of Labor's Wage and Hour Bureau.  www.nclabor.com... Read More

You can only sue an employer if it terminates your employer due to an unlawful motive.  In general, there are only two unlawful motives: unlawful retaliation and unlawful discrimination.  If either of these motivated your termination, then you may have a claim.  Of course, if you volunatarily retired, then you were not terminated.... Read More

I recommend that you consult with an experienced employment attorney.  There are numerous exceptions (exemptions) for an employer to get out of paying overtime. However, if you were paid by the hour, in most cases, you should paid overtime at a rate of 1.5 time your hourly pay.  You can file a complaint yourself with the NC DOL or the US DOL depending on who has jurisdiction.  Keep in mind that you will need to reach out to attorneys yourself as we are not allowed to solict representation from you.... Read More

This is a very complex question and will depend on the circumstances so there is no way to answer it without a lot of information. However, keep in mind that proving retaliation is often of limited value to an employee.  Your employer is not legally required to do anything about "retaliation."  You employer is required to do something about "unlawful retaliation."  If someone is suffering from unlawful retaliation, it will make a big difference whether you can prove it or not.  If it is just plain retaliation, proof only matters if your employer is willing to address the situation.... Read More

This is a public forum and I strongly encourage people not to post information here that reveals their identity or the identity of the employer.  I can tell you from experience, employers will begin searching for posts you have made on the internet when you bring a claim agaisnt their clients and will use that against you.  If you want to pursue this, consult with an experienced employment attorney and keep in mind that you only have 180 days from the date of the unlawful act to file your EEOC charge.... Read More

The facts you provide are a little hard to understand because of your use of the word "company."  You say a "company" called your office and recorded you.  Later, you say you have excelled at the "company."  I believe that you are indicating that a third party company recorded your call which led to your termination by your employer. If that is the case, I assume you are wanting to know how your "rights" relative to your employer. Employment law is the law that governs the relationship between the employer and the employee. The underlying employment law concept in this, and most states, is the employment-at-will doctrine. Employment-at-will means that an employee can be fired at any time for any reason.  The employee can only sue the employe if there is an unlawful motive for the termination.  There are generally only two unlawful motives: unlawful discrimination and unlawful retaliation.  The facts you provide do not indicate that either unlawful motive was at play in your termination although your termination seems unfair.... Read More

As for the injury, if you were at work, then you should speak to a workers compensation attorney. As for the vacation, it will depend on the employer's written policy dealing with vacation or PTO.  Employers are not required to provide vacation.  If they do, they are required to pay out any accrued but unused vacation unless there is a portion of their policy that says that you forfiet the vacation under certain circumstances.... Read More

The facts you provide to do not, by themselves, show that any law was violated.  However, sex and racial discrimination is unlawful so if you can prove that you are being discriminated against becaues of sex and/or race, then you may have a legal claim. I recommend you consult with an experienced employment attorney.... Read More