North Carolina Employment Legal Questions

Yes.  The only law in North Caroilna that protects your job while you are unable to work is the FMLA (or rare cases the ADA).  If you were FMLA eligible, the employer would have been required to keep you employed for 12 weeks.  If you were unable to return with in 12 weeks, then the employer would be legally required to return you to the same or a substantially similiar job.  However, if you were unable to return, then you could be legally terminated at 12 weeks and 1 day. As such, if you went out of work on March 31st, then you ran out of FMLA on or about June 23rd.  The ADA might, in some circumstances, require an employer to provide you with a short amount of time away beyond FMLA.  However, it does not sound like this applies in your case based on the information you provided.... Read More

Bullying is not unlawful in North Carolina.  Discrimination or harassment is unlawful if the employer has at least 15 employees and the discrimination or harassment is based on race, color, sex, national origin, religion, disability or age 40 or older. If any of these seven factors are the cause of the treatment or discrimination, then you should report it to HR. You probably should consult with an employment attorney as well if one of those seven factors are at play.... Read More

That is certainly up to you and is a practical question for which you will need to consider things such as your financial situation, options for a new job, etc. However, I can tell you definitively it is not unlawful to discrimination against you because you are "from the north." It may not be fair, but it clearly is not unlawful. Therefore, a complaint that you have been discriminated against on that basis will not be a protected activity.  You can only file with the EEOC if your claim is based on race, color, sex, national origin, religion, disability, age 40 or older or in regards to certain genetic information.... Read More

Not sure exactly what you mean about post dating or what type of paperwork. In any case, employers are only required to pay you for time (days) you actually worked. If they have done so, they there is no claim regardless of "post dating" issues.  As for discrimination, I assume you are female and that the male is making more money.  Paying a man more than a woman, or a woman more than a man, is not unlawful unless the pay difference is only due to sex.  There is nothing in your post other than the fact that he got a raise that suggests it is due to sex.... Read More

The Wage and Hour law requires an employee's final check be paid on the next regular pay date for the payperiod in which employment ended. If the employer is not paying you on that pay date, then you can file a complaint with the NC Department of Labor's Wage and Hour Bureau.  nclabor.com Keep in mind that the employer is not required to pay you for a pay you did not work.... Read More

I do not see a question on this post.  It is possible that you have a claim under the FMLA and/or the Americans With Disabilities Act.  However, it is impossible to tell without an indepth consultation with you.  I encourage you to speak to an employment attorney as soon as possible.... Read More

We cannot answer that as we would have no way of knowing if your current employer would sue you.  However, an experienced employment attorney will be able to give you a good idea whether such a situation would violate the agreement.  The attorney would need to consut with you and review the agreement.... Read More