Skip to main content
Mathew E. Flatow
Avvo
Pro

Mathew Flatow’s Answers

55 total


  • What can u do when a boss calls u names and even put his hands on a previous employee

    my husband gets told when he can take vacation days and even then when he does the boss acts like he is not doing his job I feel like there's gotta be something we can do

    Mathew’s Answer

    In North Carolina, your husband's best recourse may be to quit this job and look for new employment. Although it certainly appears that your husband's boss is being very unprofessional, it is not against the law for him to be this way. If he does put his hands on your husband, however, your husband may be able to press charges against him.

    North Carolina is an at-will employment state, which means that an employer can fire an employee for any non-discriminatory reason, and an employee may quit a job for any reason. Your husband's boss being a jerk is a good reason to quit a job, but likely does not rise to the level of having a legal claim against him. It is always a good idea to contact a North Carolina attorney who practices employment law for a more complete analysis of your case and to discuss your rights and options.

    See question 
  • Instead of being Laid off, we must reapply for our jobs. I am under FLMA ( for 4 YEAR) What are my rights?

    I work for a large hospital that instead of laying employees off, they make the department that is being down sized reapply. Some employees are not offered a job back. And are told to apply for position's they do not want. I have been under FLMA L...

    Mathew’s Answer

    FMLA only extends for 12 weeks. Have you confirmed that you are still on FMLA leave?

    Regardless, FMLA does not protect your job in all circumstances. If there is a downsizing, you can still be terminated despite FMLA.

    See question 
  • I have been working for this company for ten years, and over time i have seen employees come and go. So just recently my boss

    has given us an employee contract stating after we leave for six months this contract is still in place, that we can not work within a certain amount of miles and we cant solicit any employees or customers, if we don't sign she will let us go. Is ...

    Mathew’s Answer

    The law requires that they give you something to make it binding. What that something is can be widely interpreted.

    See question 
  • What is exposure to a hostile work environment, termination for whistleblowing, religiously and sexually harassed worth in court

    I was an asst. Mgr for a small chain of retail stores. I caught the manager stealing. He admitted it in text to me. I turned him in to the owner. The owner did not terminate or suspend the manager pending an investigation, thus exposing me to a ho...

    Mathew’s Answer

    In state court, your case would be decided by 12 strangers. In federal court, most judges put 8 in the box. Any attorney willing to tell you what these people will do in terms of awarding a verdict is at best guessing. Most cases of this nature are resolved prior to a verdict. Free market forces apply to these situations. Namely, what are they willing to pay you and what you are willing to take.

    See question 
  • Do I have a case for wrongful termination?

    I worked for a bank in NC for 8 years as a loan officer. In July 2014 I was put on 6 months probation for lack of production via an evaluation. There were other loan officers who had less production but were not put on probation. From then to O...

    Mathew’s Answer

    Based on the facts as you have described, seems like you were terminated for a legitimate, non discriminatory basis. This does not mean you were treated fairly or that your company acted in a reasonable way, it simply means that you probably do not have a claim for wrongful termination. If you have further facts to share that may shed some light on your feelings, please feel free to share and we will provide feedback.

    See question 
  • Can a lawsuit be successful when you were fired after talking with your boss about rumors of his affair with his subordinate?

    Boss & I were friendly so I spoke to him about lots of rumors that he was having an affair with a subordinate. 2-mos later he wrote me up "Final Notice"-although i had never been disciplined in any way- saying that I called management liars in a m...

    Mathew’s Answer

    • Selected as best answer

    It is hard to tell what exactly happened. If the company can make a credible argument that your department was reorganized, in North Carolina, you would have no claim for wrongful termination. Further, it does not appear that you are in a protected class or were retaliated against for invoking a protected activity. I would contact an employment attorney and provide more details for a more specific response, but at first blush, I would say you probably do not have a claim.

    See question 
  • Workmans comp denial and yet doctors say no reason why does it take so long for my att; to get some reasonable answers going on

    3 months and little or no answers from att;

    Mathew’s Answer

    I cant speak for your attorney's communication skills. It is obviously very important that attorneys respond to clients' inquiries in a prompt and professional manner. Most attorneys have a 24 hour policy to respond to such complaints. As to your case, it is not unusual for things to stagnant for a few months on a denied workers compensation case as the parties wait for a hearing or mediation.

    See question 
  • Can I file a custody modification at the Chapel Hill Clerks Office

    I need to file a motion quickly. Does anyone know if you can file them at the old chapel hill courthouse, or if you must go to hillsborough?

    Mathew’s Answer

    I would recommend a family law attorney.

    See question 
  • Can I sue the city over multiple inconsistancies in an accident report?

    We were involved in a 5 car accident. The report has us partially at fault. There were numerous factual inacciaracies in the report. The city of Durham, NC basically does not care and is incompetant. I can prove a lot of the information in the r...

    Mathew’s Answer

    The city would have immunity from a claim of negligence. I would focus all your energies on the arbitration. Good luck.

    See question 
  • My Boss promoted me and raised my salary, The CEO of the company told my boss to take it back.

    The promotion, salary and job description are on company letterhead, dated and have my boss's signature and my signature. I have business cards with my new title. My picture is posted in our Lobby with my new title. Do I have any recourse? Or am I...

    Mathew’s Answer

    The other two attorneys are correct. The only thing I would add is if you do not feel you can continue with the company due to the distrust, maybe they would be willing to discuss a severance package of some sorts. Just beware that once you go down this road, the relationship is likely over.

    See question