North Carolina Employment Legal Questions

I am not clear on the facts and it does not appear that you have a question posted. If you are a non-exempt employee who worked through lunch and yet were not paid for lunch, you may be able to state a claim for violation of the Fair Labor Standards Act.  I do not know what you mean by "charge pay", but it that was compensation that was promised to you, but you were never paid, then you may have a claim for violation of the NC Wage and Hour Act.  You should reach out to an experienced employment attorney as soon as possible.... Read More

We cannot answer that question; only you can.  What we can provide, is guidance on the law.  Discrimination in employment in this state is completely legal unless the discrimination is on the basis of a "protected class."  The law provides for the following protected classes: race, color, sex, national origin, religion, disability and age 40 or older.  If your termination, or certain types of treatment before the termination, was due to one of these protected classes, then you may have a claim for unlawful discrimination.... Read More

We cannot answer that question; only you can.  What we can provide, is guidance on the law.  Discrimination in employment in this state is completely legal unless the discrimination is on the basis of a "protected class."  The law provides for the following protected classes: race, color, sex, national origin, religion, disability and age 40 or older.  If your termination, or certain types of treatment before the termination, was due to one of these protected classes, then you may have a claim for unlawful discrimination.... Read More

If the facts you provide are correct and provable, then yes you can sue for defamation.  In general, defamation claims are tough unless the person or corporation engaged in the defamation is making a verifiable statement of fact that is untrue.  Suing a former emloyer for defamation is even harder as we have a law that protects employers in North Carolina who are providing references.  That law effectively prohibits a claim even if the reference contains some untrue portions.  So, basically, you have to prove exactly what the former employer is saying and that it is factual and completely false.  If you are able to do that, you can at the very least get a court order stopping the employer from defaming you.  If you are able to prove that you did not get specific jobs because of the defamation, then you can get economic damages on top of that.... Read More

Hard to tell for sure, but likely not.  If you are in a DOT covered position, and need DOT clearance to perform that position, UPS is not required to keep you in that position. There is no law that requires an employer to employee anyone full-time meaning the employer can effectively change anyone from full-time to part-time and back whenever it wants.... Read More

This is an employment-at-will state which means you can be fired for any reason and there is no liability for the employer unless there is an unlawful motive for the action taken against you. There are generally only two forms of unlawful motives: unlawful discrimination or unlawful retaliation. Discrimination in employment is unlawful if it is due to race, color, sex, national origin, religion, disability or age 40 or older. Retaliation in employment is unlawful only if you engaged in one of a handful of "legally protected" activities and were fired for engaging in that activity. If either of these was the motive for the termination, then you may have a claim for unlawful termination. In your specific situation, there is no law that provides specifically for maternity leave.  However, the FMLA protects your job while out on maternity leave as long as you are eligible for FMLA.  If you were terminated due to your use of FMLA, then you could have a claim. Additionally, there may be some situations where you could claim that you were terminated due to your sex if the maternity leave was the reason for the termination.... Read More

There are several different issues raised in this post. First, and one I cannot help with, is that if you have a physical injury or condition caused by, or exercerbated by the work you were doing, you may have a workers compensation claim.  I recommend you speak to a local workers compensation attorney to discuss that further.  Second, it is hard for us to speculate on the short term and long term disability issue.  Employment law does not require the employer to offer such benefits and does not control the eligibility or coverage issues that you have.  Short term and long term disability (other than Social Security Disability) is an insurance contract.  The insurer is required to provide benefits, but only for as long as the contract requires and only in the circumstances covered by the contract.   The third and final issue may well be the most important. If your employer has at least 15 employees, it is covered by the Americans With Disabilities Act which requires an employer to provide a "reasonable accomodation" to an employee with a disbility.  The accomodation must be designed to allow the employee to complete the essential functions of the job.  The EEOC has taken the position that a rule that requres an employee to be 100% to return to work is a violation of the ADA. At least initially, it sounds like you have a claim against your employer for a violation of the ADA. Speak with an experienced emploment attorney as soon as possible about this situation.... Read More

Whether a lawyer can help you will depend on several different facts so you will want to consult with an attorney directly.  However, if they are ready to terminate you, then there is little reason for them to offer you retirement benefits especially if there are none involved.  The question I have for you is: do you really mean, "Can a lawyer negotiate with the employer to get my termination changed to retirement in the company's paperwork?"  If so, then perhaps.  Set a consultation with an attorney to discuss.... Read More

Employment law including the age discrimiation law is very complex. There is much, much more information we need to know before we could say whether she has a claim or not. The only way to get the information we need to know is to have a consultation.  However, if she is a long term employee, oldest in her job category, performing well and there is other evidence to suggest that she was targeted because of her age, then I strongly recommend you consult with an employment attorney.... Read More

You are not required to provide vacation leave.  However, if you do, then you must pay out any accrued and unused vacation to the employee at the time of the last paycheck.  The only exception is if you have a written policy that you provide to employees which clearly states that such unused vacation is forfeited upon terminaiotn.... Read More

Yes, the employer can fire you.  However, it would be a violation of the law to fire you because you filed for or requested workers compensation.  It does not seem like the employer fired you because you filed, but because of your restrictions.  If so, then there still might be a claim under the Americans With Disabilities Act which requires employers to accommodate employee physical restritions in limited circumstances.  I suggest you consult with an experienced employment attorney if you wish to get more information about the ADA and/or pursue a claim.... Read More

I do not see a question, but I assume you want some general information about this situation. The Americans with Disabilities Act requires an employer who has recieved health information about an employee to keep that information confidential. If your employer violates the ADA, including the provisions covering health information, you can file a charge of discrimination against your employer with the Equal Employment Opportunity Commission.... Read More

Yes, an employer can fire an employee on medical leave because North Carolina is an employment-at-will state. If the medical leave is pursuant to the FMLA, and the termination is due to being absent for FMLA purposes, there could be a claim for wrongful firing based on the FMLA. Employers are not required to provide light duty to injured employees unless the light duty is a reasonable accommodation under the Americans With Disabilities Act.  As for offering it to other employees, it may be discrimination.  However, discrimination is unlawful in this state only if it is based on race, color, sex, national origin, religion, disability or age 40 or older.  So, if all the women are given light duty when they need it for an injury, but the man is not, then it is possible that such discrimination is unlawful. For a more in-depth analysis, set a consultation with an experienced employment attorney.... Read More

The employment law in North Carolina does not prohibit bullying or abuse by co-workers or managers. There is a limited exception for conduct that constitutes unlawful harassment.  However, to be unlawful, the harassment must be based on race, color, sex, national origin, religion, disability or age 40 or older. If the abuse was due to one of these seven factors, then you may be abel to take action.  Otherwise, the employment law in this state will not provide a remedy.... Read More