Kirk J. Angel’s Answers

Kirk J. Angel

Concord Employment / Labor Attorney.

Contributor Level 14
  1. I want to know if my daughter possibly has a discrimination case against her former professor.

    Answered 11 months ago.

    1. Kirk J. Angel
    2. Christine C McCall
    2 attorney answers

    There may be little that she can do other than any internal appeals process that the University might provide. However, I noticed that you mentioned the NAACP. If she believes that race may play a part in this, then she will have other options as VI of the Civil Rights Act prohibits discrimination in education on the basis of race.

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  2. Had a drug and alcohol addiction. Let go from my job of 20+ years, misconduct. Could I file a grievance for discrimination

    Answered over 1 year ago.

    1. Kirk J. Angel
    2. Christine C McCall
    3. George Ellis Corson IV
    3 attorney answers

    If you have time to appeal the denial of your unemployment benefits, I strongly recommend that you do so. If you have received a decision from an Employment Security Division adjudicator you have the right to request a hearing. It is the employer's burden to prove that you engage in misconduct. I strongly disagree with the first poster who indicated that you needed a "claim" against your employer for the purposes of unemployment. That is simply incorrect. Please keep in mind that this...

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  3. Would it be suitable to take a lawsuit against a place of employment?

    Answered 4 days ago.

    1. Kirk J. Angel
    1 attorney answer

    You can only file a claim for unlawful harassment if the harassment is based on race, color, sex, national origin, religion, disability or age 40 or older. You do not mention anything related to these "protected classes" in your post so, based on that, the answer would be no. However, if the conduct is directed toward you on one of these basis, then a legal claim for unlawful harassment may be possible.

    3 lawyers agreed with this answer

  4. What is an unemployment benefits appeals hearing like, is the decision final, and is an attorney necessary?

    Answered 16 days ago.

    1. Kirk J. Angel
    1 attorney answer

    The hearing is a legal proceeding which will proceed in a fashion similar to a hearing in Superior Court. The hearing official (judge) will swear in witnesses, accept or reject documentation or witness testimony and rule on motions including those related to the admissibility of evidence. Witnesses will testify and be subject to cross examination by the opposing party. You will be cross examined by the employer's attorney and you will attempt to cross-examine the employer's witnesses.. The...

    3 lawyers agreed with this answer

  5. Regular time vs. overtime?

    Answered 3 months ago.

    1. David B. Puryear Jr.
    2. Kirk J. Angel
    2 attorney answers

    I agree with Attorney Puryear. You cannot waive your rights under Wage and Hour laws and your employer could still get in trouble for not paying you for overtime or any other warned wages.

    3 lawyers agreed with this answer

  6. I'm being accused of sexual harassment by the work place. the only thing that could be taken as sexual is the words I love you o

    Answered 3 months ago.

    1. Kirk J. Angel
    2. Kenneth Love Jr.
    3. Kevin Rindler Madison
    3 attorney answers

    Any employer with 15 or more employees is subject to the law that prohibits sexual harassment regardless of whether there is a policy. If the company fails to appropriately investigate or address allegations of sexual harassment, then it may be liable for damages. The company is not required to give you any information related to the claim or its investigation. The only way I see that the company could be "asking for a lawsuit" is if it failed to handle the allegation appropriately. There is...

    3 lawyers agreed with this answer

  7. I got fired for keeping money someone dropped on the floor. The money did not belong to the company. Is this legal/

    Answered 4 months ago.

    1. Kirk J. Angel
    2. Kenneth Love Jr.
    2 attorney answers

    Yes, it is legal. North Carolina is an employment-at-will state and you can be fired for any reason. It does not matter that the money did not belong to the company.

    3 lawyers agreed with this answer

  8. Can you get fired for failing a drug test if you never signed anything stating they could fire you for failing a drug test?

    Answered 4 months ago.

    1. Kirk J. Angel
    2. Kenneth Love Jr.
    2 attorney answers

    Yes. North Carolina is an employment-at-will state and you can be fired for any reason. There is no need for an employee to sign a statement that he could be fired for failing a drug test.

    3 lawyers agreed with this answer

  9. Can the county I work for permanent part-time be sued for not keeping the work place safe for me?

    Answered 5 months ago.

    1. Kirk J. Angel
    2. Seth M. Bernanke
    3. Frederick Hughes Bailey III
    4. Bobby L. Bollinger Jr.
    5. George Ellis Corson IV
    6. ···
    6 attorney answers

    If the attacks occurred on the job or resulted from your work duties, then it is likely your only option would be to file for Worker's Compensation benefits.

    3 lawyers agreed with this answer

  10. NOT THE BOSS BUT THE SUPERVISOR LOOK UP ARREST RECORD AT WORK AND SHOWED EVERYONE CAN I SUE?

    Answered 6 months ago.

    1. Kirk J. Angel
    2. L. Maxwell Taylor
    3. Josh Michael Friedman
    3 attorney answers

    I am not aware of any law or legal theory that would allow you to sue under these circumstances. As Attorney Taylor noted, arrest records are a matter of public record for the most part in North Carolina. The legal theories that will, on certain occasions, allow a person to sue when private information is revealed, do not apply to public information.

    3 lawyers agreed with this answer

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