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I applied for internal position and another person with less experience and no training got the job. Do I have any legal rights?
Kirk's answer
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Answered on April 11, 2014
This is certainly seems to be an unfair situation. However, in North Carolina, you must be able to prove that the adverse employment decision was...
Archived
Can my employer count my days off for my FMLA approved doctors appointments against me in regards to their Absence policy.
Kirk's answer
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Answered on April 10, 2014
FMLA covered absences cannot be counted against you for disciplinary purposes. However, if you are no longer eligible for FMLA (you ran out), then...
Archived
I file a grievance with my employer due to dismissal from my job. do i need a lawyer
Kirk's answer
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Answered on April 10, 2014
I think some of the facts are missing from your post. You should check, but it is likely that the appeals process probably does not allow for an...
Archived
Telephonic Fact-Finding Interview (do I need a lawyer?)
Kirk's answer
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Answered on April 09, 2014
If it is a fact finding interview by an adjudicator, you do not need an attorney. Many, if not most, cases are decided without adjudicator...
Archived
Hi, I have a unemployment responsibility question.
Kirk's answer
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Answered on April 09, 2014
The law requires "good cause" to quit a job and be eligible for unemployment. The NC General Assembly and Governor, in their infinite wisdom, have...
Archived
I work for a large utility in Charlotte, N.C. and have been bullied to the point of sucicide.
Kirk's answer
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Answered on April 07, 2014
This is certainly a horrible position to be in. Unfortunately, bullying is not unlawful in the workplace in North Carolina. However, harassment...
If my boss calls me pervert, at work, and often in company of other employees, is this sexual harassment?
Kirk's answer
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Answered on April 06, 2014
Attorney Hensel is correct. No, this is not unlawful in North Carolina. Perhaps in Arizone; but not in this state.
Archived
If the Director of HR told me during a harassment investigation that I would not lose my job. Is that a form of verbal contract?
Kirk's answer
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Answered on April 04, 2014
No, they can still fire you and the promise is not enfoceable.
Archived
NC resident fired from a remote sales rep job for a TN based company. I need help finding an attorney?
Kirk's answer
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Answered on April 02, 2014
This could be somewhat complex. If the matter is based on the contract and the non-compete and the jurisdiction (venue) is limited by those...
Archived
Can my employer change my position and rate of pay? They are making cut backs and put me back in old position?
Kirk's answer
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Answered on April 02, 2014
Yes, an employer in North Carolina is free to cut your pay at any time as long as it does not violate wage and hour law covering things such as...