Get free answers to your Employment Discrimination legal questions from lawyers in your area.
I live and work in North Carolina, and my employer, who owns the company, often contacts me outside of work hours to criticize my sexuality, sending me messages such as a link to a Facebook article on "how to stop being gay." I have saved these text messages. To my knowledge, there is no... View More 
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answered on Apr 16, 2025
Kirk is completely correct in his answer. Just providing a little additional color.
In North Carolina, workplace harassment based on sexual orientation may be actionable under certain circumstances. While North Carolina does not have a state law that explicitly prohibits discrimination... View More
I work at a company where three of us are on the verge of losing our jobs due to write-ups related to health reasons. One employee was written up for attending workers' compensation appointments for a concussion. A second employee, who is pregnant, was penalized for a scheduled hospital visit... View More
answered on Feb 20, 2025
In North Carolina there are no general employment laws that make it unlawful for an employer to discipline or terminate an employee for health-related reasons. However, there are laws that cover specific situations that are health related.
For example, an employer in North Carolina is not... View More
Since having my first child in January 2023, there were a few instances of discrimination such as being turned down for an additional role that I was more than qualified for and the reason being communicated that I was a new mom. I became pregnant again in July 2024 and told my manager in Aug 2024.... View More
answered on Jan 5, 2025
You can ask, but they may not give it to you. However, if you have suffered discrimination based on pregnancy, you must file a charge with the EEOC within 180 days of the discriminatory action. If you do not, you will lose your legal rights. Also, if you sign a severance agreement it will contain a... View More
I am a social worker in hospital. Asked for a modified schedule from m-f to four ten hour shifts. My department had refused to do this nor have they tried to discuss any other options. They only state they do not have a position with those hours available right now. I have made several suggestions... View More
answered on Nov 6, 2024
Was your request for a modified schedule based on a medical condition? Did you provide supporting documentation for this request from your medical provider? If so, the hospital's refusal to entertain your request or discuss alternative accommodations could be a violation of the Americans with... View More
I also have recordings of them saying they are going to save the hardest jobs for this employee
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answered on Feb 15, 2024
In North Carolina, recording conversations without the consent of at least one party involved is generally legal, as it is a one-party consent state. This means if you are a party to the conversation, you can legally record it without the other party's consent. However, recording conversations... View More
I was denied a promotion, despite being more qualified than the person who received it, with the cited reason being absences due to mental health issues. An HR investigation is pending, and I've been threatened with disciplinary action if I have another absence during the investigation period,... View More
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answered on May 14, 2025
I'm sorry you're facing this—it must feel both discouraging and stressful to have your mental health struggles used against you, especially when you’re more qualified for the promotion.
You do have the right to speak with HR about your situation, and it’s often better to be... View More
I'm seeking legal guidance on a severance agreement offered by my former employer following my termination between April 7–10, 2025, with my last official day scheduled for April 23, 2025. The severance includes a general release of claims in exchange for two weeks’ pay ($3,461.54 before... View More
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answered on May 14, 2025
I'm really sorry you’re dealing with this situation—it’s stressful to face a termination while also having to make quick decisions about your rights and your future. When you’re offered a severance agreement, it almost always includes a general release of claims, which means that if... View More
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answered on Jan 15, 2025
Yes, you can be fired for social media posts, as most states follow "at-will" employment rules that allow companies to terminate workers for nearly any reason that's not discriminatory or retaliatory. Your public posts on Facebook are visible to employers and can impact their view of... View More
If I no longer need an accommodation, could I have my job back?
answered on Nov 16, 2023
Your employer may request that you and your medical provider complete an accommodation request form.
However, your question is a bit confusing and raises a lot of follow up questions. The purpose of an accommodation is to allow you to perform the essential functions of your job. You should... View More
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answered on Sep 29, 2023
Public humiliation and threats could be considered a form of workplace harassment or hostile work environment. You may have grounds to file a complaint with your HR department or even take legal action.
I was demoted to the lowest position in the company due to "company needs". I have never been written up for anything and have done my job successfully for over 19 months. I moved up from sales to assistant manager and then to human resource manager. I'm being demoted from the HR... View More
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answered on Aug 9, 2023
In many at-will employment states, including Arizona, employers generally have the right to make changes to an employee's job position, including demotions, as long as the changes are not based on illegal discrimination or retaliation. However, reducing an employee's compensation without... View More
Entity A and B teaming up to against my best interest - deferred salary and compensation, in a total over $170k.
answered on Jun 20, 2023
This is only a Q&A forum where members of the public can post legal questions and attorneys can provide legal information. To connect with an attorney to assist with a legal matter, you might try searching the directory and reaching out to someone directly. Good luck!
I am a partner of a large professional firm and a full-time contract paid me well with benefits. Last year I developed a disability and since have been on partial disability. Our group had a vote and decided to sell the company to another prominent organization. In my profession, 1-3 year contracts... View More
answered on Apr 9, 2023
There are quite a few factors that could potentially affect your rights. For just a few examples:
Are you an owner or an employee? How recently did the new company take over? Was the promise for equivalent pay included in a written contract between the two companies? Etc.
To be... View More
Hello. My brother in law started this job on 3/21/2023. The first payday was 3/31. He has still not received his pay as of today 3/5/2023. He has gone to HR, his manager, called payroll and everyone just says keep waiting or we don’t know. He is 2 days away from the second pay period. He asked... View More
answered on Apr 5, 2023
A North Carolina employee who has a wage & hour claim may start by filing a complaint with North Carolina Department of Labor. However, if the complaint is related to a final paycheck, the employee might not be able to file until at least 10 days after the missed payday.
Your... View More
Boss has anxiety issues and couldn’t control her emotions. Her behavior is quite narcissistic. Is it illegal for the company to put employees under her and be mentally abused?
answered on Mar 31, 2023
Generally speaking, it is not unlawful for an employer to assign employees to a manager with "mental" health issues. However, the manager's conduct would be unlawful if (for example) it rose to the level of prohibited discrimination, assault, battery, stalking, etc. An attorney would... View More
She told me I cannot use the bathroom when it was an emergent situation due to me knocking on the door and it was annoying her. She also told me I need to take my medical alert bracelet off when I'm working because it gets in the way of performing my job.
answered on Mar 7, 2023
While there is no general claim for harassment in the workplace, you cannot be harassed or treated differently than other employees based on a protected class characteristic (i.e. race, sex, age, disability, religion). If you believe your manager's conduct is connected to any of these... View More
I was in a very high corporate position but did not sign a contract beyond the handbook. I had no formal documentations in my year at the company. I started as a VP, and he changed my title and responsibilities to a higher role, without changing my pay.
Was the company required to pay my... View More
answered on Sep 27, 2022
If you were an at-will employee, then the company (assuming it is not a state agency) had no obligation to pay the notice period. The organization was free to terminate your employment absent an agreement stating otherwise.
It seems as though you are suggesting that a contract was... View More
answered on Sep 12, 2022
In general--yes. North Carolina is an at-will employment state. Absent an employee contract or an agreement, the employer can terminate someone's employment for almost any reason or no reason at all. You may want to speak with an employment attorney if other factors were at play, but this... View More
I have requested that my paycheck be mailed but the employer is telling me they will not mail it because they want me to come in and sign a paper stating that I received it. I asked to DocuSign it and they said no. Is this legal?
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answered on Oct 28, 2021
From North Carolina's Statute § 95-25.7 (the Wage and Hour Act)
Payment to separated employees.
Employees whose employment is discontinued for any reason shall be paid all wages due on or before the next regular payday either through the regular pay channels or by mail if... View More
answered on Jun 24, 2021
No. The employer cannot force you to take the FMLA leave. If both ADA and FMLA apply, you are entitled to pick the more beneficial option. Sounds like you may need to contact an attorney.
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