Archived
I did something really stupid! I am getting unemployment insurance, and started working a FT job but didn't report it.
Kirk's answer
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Answered on January 10, 2013
The DES can have you charged and prosecuted. Although you have committed unemployment fraud, the DES is usually most concerned about recovering...
Can a teacher resign from a position mid-year?
Kirk's answer
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Answered on January 10, 2013
Yes, you can resign at any time. However, the contract could specify damages or other penalty that would occur if you left before the end of the...
Archived
Do I need legal counsel?
Kirk's answer
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Answered on January 08, 2013
That is entirely up to you. You should keep in mind that the EEOC is not on your side. The EEOC primarily works to process claims, i.e. take in...
Archived
How long can I be suspended for in NC?
Kirk's answer
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Answered on January 08, 2013
Unless you work for the government, or are in a union, then you can be suspended indefinitely. I am not exactly sure what type of rights you are...
I was fired from my job and was given a severance package, will I be able to apply for unemployment?
Kirk's answer
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Answered on January 08, 2013
Yes you can apply, but that does not mean that you will get unemployment. The severance agreement is usually irrelevant to DES granting or denying...
Archived
Can my employer charge me for a device that went missing but they got for free?
Kirk's answer
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Answered on January 07, 2013
Yes, your employer can require you to pay for the device. You can refuse to pay for it, but the employer can terminate your employment if you...
Archived
My husband has an a.o.f & communicating threat on his record from 2009. How far back do employers in NC look on background check
Kirk's answer
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Answered on January 07, 2013
There is no legal limit to how far a prospective employer can go back on a criminal records check.
Archived
What kind of case do I have if I believe I was fired over sexual harassment? Is there financial help for this?
Kirk's answer
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Answered on January 07, 2013
I agree with the other attorneys who have posted. You should consult with an experienced employment attorney in your area as soon as possible.
Archived
How do I prove sexual harassment when there are no witnesses?
Kirk's answer
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Answered on January 06, 2013
I agree with Attorney Tan. The employer has a legal duty to stop the sexual harassment, and to prevent retaliation, once you put them on notice. ...
Archived
I got a copy of my charge file and I disagree with company's response can I request for an appeal?
Kirk's answer
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Answered on January 06, 2013
If you are talking about your EEOC Charge file, then, no, you cannot appeal. Your next step is to file your lawsuit within the 90 days Right to...