Archived
I think my employer wants to fire me on basis of missed days, but I have or can produce doctors notes. Which he refuses toaccept
Kirk's answer
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Answered on May 13, 2012
Unfortunately, you have little recourse in North Carolina if your employer has only 3 employees. An employer that small is not covered by FMLA or...
Archived
I have an approved FMLA packet with my employer but now they are trying to make me follow this 504 plan they dreamed up
Kirk's answer
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Answered on May 12, 2012
Attorney Spencer's answer is dead on. I am not sure how the "504 plan" comes into play with an FMLA request. I assume that is a reference to...
Archived
If i feel that i have been let go from a job wrongfully do i have a right to sue?
Kirk's answer
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Answered on May 10, 2012
North Carolina is an employment at will state. You can be fired at any time, for good reason, bad reason or no reason at all. You can only sue if...
Archived
How would I know if I had a case for constructive dismissal against my company
Kirk's answer
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Answered on May 10, 2012
I agree with Attorney Spencer that this is a complex issue that you really need to speak to an experienced North Carolina employment attorney...
Archived
I was paid after termination, They want the money back
Kirk's answer
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Answered on May 09, 2012
If you were paid for hours that you did not work, i.e. by mistake, then the employer probably will be able to collect the overpayment.
Archived
Do I need an employment attorney
Kirk's answer
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Answered on May 09, 2012
There is no right to "confidentiality" in North Carolina with respect to complaints that you make about your co-worker. Additionally, there is no...
Archived
Can a former employee sue a large company for overtime pay which was allotted to some employees but not to everyone on the job?
Kirk's answer
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Answered on May 09, 2012
In general, an employer must only pay a non-exempt employee overtime for hours worked in excess of 40 per work week. There is no need to pay...
Archived
I think my employer is discriminating against me because of my health & my spouse's health. What can I do?
Kirk's answer
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Answered on May 06, 2012
The situation is complex and you will possibly face issues related to the ADA, FMLA, Wage and Hour law as well as unemployment issues if you are...
Archived
What laws are there in place for a work visa and sexual harassment?
Kirk's answer
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Answered on May 06, 2012
You should address it as you would any other sexual harassment claim. The issue of the work visa is irrelevant to your possible liability for the...
Archived
My previous employer postdated my payroll check and then it bounced. What can I do?
Kirk's answer
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Answered on May 06, 2012
You can file a complaint over the phone with the Wage and Hour Division of the North Carolina Department of Labor. I am including a link to the...