North Carolina Employment Legal Questions

Yes.  Unless it is an enforceable promise wage under the North Carolina Wage and Hour Act, there is no need to provide the raise.  This does not sound like such a promised wage, however, you may want to consult with an experienced employment attorney to get more in depth into in the facts.... Read More

Employers are required to pay non-exempt employees for all overtime (hours over 40 in a workweek) during the pay period in which the hours were worked (with a few execptions). Time off in lieu of paying overtime is not allowed unless you are working for a governmental employer.  Set a consulation with an experienced employment attorney as soon as possible.... Read More

As for the pay, it is too hard to tell on just these facts.  If he is a non-exempt employee, then the employer nee pay him no more than minimum wage for all hours worked and time and a half over hours over 40 in a week. The employer has no duty to pay any employee more than minimum wage unless it has there is a wage promise of greater than minimum wage.  The promised wage must be in writing. There is no employment law in North Carolina that prohibits an employer from being "abusive."  There are laws that prohibit harassment, but only if the harassment is based on race, color, sex, national origin, religion, disability or age 40 or older.  Also, the law does not require any breaks for an employee who is 17 or older except breaks required by federal law for certain occupations (such as driving time limits for longhaul truck drivers).... Read More

It could be, but there is likely nothing you can do either way.  North Carolina is an employment-at-will state where an employee can be fired for good reason, bad reason or no reason at all.  That means an employer can treat an employee poorly or unfairly with respect not only to termination, but any other action including scheduling. There are circumstances in which an employee can file a discrimination claim agasint the employer if the discrimination is based on race, color, sex, national origin, religion, disability or age 40 or older.  If you are being discriminated against because you live in off campus housing, there simply will not be any legal claim as that it not unlawful. Although it is unlawful to discriminate on the basis of religion, scheduling matters are usually not matters you can file a reglious discrimination claim over unless they lead to your termination.... Read More

Unfortunately, workplace bullying is not unlawful in North Carolina unless it meets the definition of unlawful harassment. Such harassment must be based on race, color, sex, national origin, religion, disability or age 40 or older.  If it is simply based on body odor, it would not be unlawful. ... Read More

Yes. Short or long term disability is simply an insurance payment to you when you cannot work. Being on short does not protect your job.  The only law that protects you job if you are unable to work is the Family and Medical Leave Act (FMLA).  Now, if you were terminated based on absences that are covered by the FMLA, that would be unlawful.  There are several requirements to be FMLA covered including, but not limited to, you employer must have 50 or more employees, you must have worked at least 12 months for the employer, you must have worked at least 1250 hours in the 12 months immmediately preceeding the leave and the termination must be due soley to the absence and not some other factor.... Read More

You cannot sue for workplace injustice.  However, you could sue for unlawful discrimination or harassment based on race, color, sex, national origin, religion, disabiliy or age 40 or older.  In limited situations, you can sue for retaliation that is based on you enaging in a protected acitivity although there are very few protected activities in North Carolina. If you wish to pursue this, set up a consultation with an experienced employment attorney.... Read More

Employers in North Carolina do not have to accomodate their employees medical restrictions unless the employee is covered by the Americans With Disabilities Act and the accomodation is reasonable (in the legal sense).  You may want to contact the EEOC to file a charge or an employment attorney to discuss your situation in depth.... Read More

It is unlawful in Noth Carolina to "black list" an employee.  Black listing essentially means that the employer is actively trying to stop you from getting a job.  However, a reference that has negative information is not unlawful in most cases.  These things can be complex so you might want to try to consult with an experienced employment attorney if you have more questions.... Read More

This is a terrible situation and an awful thing for the employer to do.  However, the law in North Carolina law does not require an employer to allow an employee to have time off for any type of medical issue including surgery. The only time an employer must allow an employee off for such a situation is if the employer is covered by the FMLA and the employee is FMLA eligible. There is a requirement that the time off be for a "serious health condition" but surgery other than comestic or in office is almost always covered.... Read More

No, the employer cannot prohibit you from talking to or hanging out with anyone you wish.  However, the employer has the abolute right to terminate you for talking to or hanging out with anyone.  It looks as if you will have to balance the value of the friendship against the value of the employment.... Read More

Yes, being out on disabilty does not protect your job.  If you are not able to work, the employer can lawfully terminate you unless you are FMLA covered (and even then you only get 12 weeks of FMLA leave) or potentially if leave from work is covered as a reasonable accommodation under the ADA. The employer (assuming it has 20 or more full time employees) is not required to offer COBRA at the time of termination.  The employer must provide notice to the health insurer within 30 days of an employee termination (including resignation) and the insurer must notify the employee of the COBRA options within 15 days.... Read More

Unfortunately, that is too complex a question to answer in an online forum like this.  However, in general, it is possible that it does not change much.  As an hourly employee, you should have been paid for all time that you worked on an hourly basis.  If you are now be paid a salary for part-time work, then the employer still must pay you for all hours and can deduct any unworked hours from your salary. For example, if you worked 20 hours per week at an hourly rate of $10.00, the calculation is 20 x $10.00 = $200.00.  Now, the salary would be different.  If you are paid a part-time salary of $150 for 15 hours per week at an hourly rate of $10.00, then the employer would need to pay you an additional $50.00 if you worked 20 hours in a week.  However, the emplyer could pay you $100 if you only worked 10 hours in a week. There are numerous senarios and I suggest you consult with an experienced employment attorney if you want to fully discuss this situation.  ... Read More