Vicki B. Rowan’s Answers

Vicki B. Rowan

Charlotte Employment / Labor Attorney.

Contributor Level 7
  1. Can an employer cut your pay after returning from a FMLA leave without your consent?

    Answered almost 5 years ago.

    1. Vicki B. Rowan
    1 lawyer answer

    There are several questions presented. If an employee is out on FMLA, she has a right to return to the same job and same pay and benefits. However if that job does not exist, or has been changed, she may only have the same right she would have had if she had not been on FMLA. A lawyer would need more facts to determined under state and federal law whether there was FMLA retaliation or EEOC retaliation in this case, or whether the employer complied with NC law regarding reductions in pay.

    2 people marked this answer as helpful

  2. Is my non-compete valid if the company name is incorrect?

    Answered over 2 years ago.

    1. Eric A. Montgomery
    2. Vicki B. Rowan
    3. John W. Bowers
    3 lawyer answers

    There is no way to answer this question without reading the actual document and knowing the relationships between the 2 companies, and what state law governs the non-compete. If the drafter was smart, it says between the employee and the company, its affiliates and subsidiaries, which might cover the company you work for.

    1 person marked this answer as helpful

  3. Can a supervising MD require the Nurse Practitioners he is supervising to pay in cash only? They are not located in same facili

    Answered over 2 years ago.

    1. Anthony James Cuticchia Jr.
    2. Vicki B. Rowan
    3. Dana Whitney Atchley
    4. Pamela Anne Smith
    4 lawyer answers

    Your question is unclear. You are licensed by the NC Board of Nursing. They require you to be supervised by an MD. Ordinarily, that means as an employee. If I understand correctly, he is paying you as a contractor without withholdings and in cash. From a tax perspective, a person in that position would be safe as long as she keeps careful records and reports the income and pays self employment tax. However, I have to wonder if BON would see that as "supervision." A person who believes she is...