Eric Mitchell Fink's Answers

Eric Mitchell Fink
Greensboro Employment / Labor Attorney.
Contributor Level 4

2

Attorney answers:

  1. Kirk J. Angel
  2. Eric Mitchell Fink

I got demoted after being an assistant manager for three years. Just because the GM didn't want me to have her position

Asked by a user in Hildebran, NC - 4 months ago.

Employment in North Carolina is generally "at will", meaning that the employer can hire, fire, promote, or demote an employee for any reason or no reason, unless there is a contract providing otherwise. This means that the employee normally cannot challenge a demotion, even if they disagree with the reason the employer gives. However, it is illegal to discriminate against employees on the basis of race, gender, religion, age, disability, and certain other characteristics. If you believe...

1 lawyer agreed with this answer

3

Attorney answers:

  1. Monica Denine Wilson
  2. Kirk J. Angel
  3. Eric Mitchell Fink

Can my boss make a trip mandatory and not pay me while I am gone on this trip? It is a trip to observe/work in a similar job.

Asked by a user in Roxboro, NC - 4 months ago.

An employer generally has the right to assign work responsibilities to an employee, and this would generally include requiring that an employee attend meetings for training or similar purposes. For a "non-exempt" employee under the Fair Labor Standards Act (FLSA), the time spent on work-related tasks would likely count as hours worked, for which the employee must be paid, and which would count toward the 40-hour/week overtime requirement. But an "exempt" salaried employee would not be entitled...

1

Attorney answers:

  1. Eric Mitchell Fink

Can an employer fire you because you have been arrested when they have not fired others who have been arrested while employed

Asked by a user in Fort Wayne, IN - over 2 years ago.

As a general matter, most employment in the US is considered to be "at will". This means that the employer may fire an employee for any reason, or for no reason at all. The employer generally does not have to show a valid reason for the firing, and does not have to be consistent in its treatment of different employees. The main exceptions are (1) where an employer treats an employee less favorably based on the employee's race, gender, national origin, age, disability, or other status...