Employment Law
In the complex world of business, there is always the potential for legal issues to arise. Employers must be aware of, and adhere to all federal and state laws regarding employment. The laws impose full responsibility and mandated compliance on the part of the business owner.
Whether you’re an employer seeking assistance, or an employee, our firm can provide intelligent, experienced consultation on:
- Hiring
- Anti-Discrimination Laws
- Compensation
- Family and Medical Leave
- Termination
If you’re in need of legal counsel or representation pertaining to employment law, contact our office for a free consultation.
Employment Law FAQ
- Can an employer fire an employee for any reason?
- Do employers have to provide a reason as to why they didn’t hire someone?
- Is an employer required to provide rest breaks for its employees?
- Do part-time employees have to be paid overtime?
- When does someone become a full time employee?
- What legal holidays do employers have to observe?
- Are employees entitled to overtime pay if working on holidays?
- Are the hours that I’m paid while out on holiday count towards overtime pay?
- Can an employer force employees to be paid by direct deposit and make this a condition of employment?
- Can an employer require mandatory drug testing?
- What happens if I refuse to take a drug test?
It depends on whether you have an employer contract with an employee. Some contracts state the reasons an employee may be fired. However, most employees in North Carolina are “at-will” employees and there is no contract governing their employment. This means that they can usually be fired, with or without notice, for any reason.
There are, however, exceptions to this rule. They include:
Firing an employee for an illegal reason: For instance, it is illegal to discriminate in employment based on gender, race, age (over 40), national origin or disability. If this happens, an employee may have a claim against the employer for wrongful discharge.
Firing an employee engaged in a protected act: An employee filing an OSHA claim is a good example. Other acts include filing a wage and hour or a worker’s compensation claim.
Firing an employee for a reason that violates the state’s public policy: While North Carolina does not provide a comprehensive definition, courts have used this where an employee was fired for refusing to engage in unlawful acts for their employer, or where the employer violated the law in firing their employee.
Not usually. However, an employer should document, and keep, their hiring procedure in case accusations about discriminatory hiring practices are alleged. Legitimate reasons for not hiring someone include, but are not limited to, unrealistic salary expectations, lack of prior experience or education, lack of professionalism, rudeness, or insufficient interest.
No. Meal and break times are not required by law if you are over the age of 16.
Yes. Whether an employee is full time or part time does matter in regards to overtime pay. It is simply based on whether an employee worked over 40 hours in any given workweek.
It’s up to the employer to decide. However, they cannot discriminate based on gender, race, age, religion, national origin, disability, color or because of pregnancy.
None. It is entirely up to the employer to determine which, if any, holidays will be observed and whether employees will be given time off and/or be paid for the day.
However, as with all wage benefit promises, the employer should have their policy in writing and made available to employees.
No, not unless your employer promised to pay you in this manner. Legally, an employer only has to pay you the number of hours you worked per week based on your regular rate of pay, unless you go over 40 hours and qualify for overtime. It also doesn’t matter the days you worked.
No. Overtime pay is only figured on hours that you actually worked, not the hours that you’re being paid for. You can work 40 hours one week and get an additional 8 hours of holiday pay. Though you get paid for 48 hours, you have only worked 40 hours, so the additional 8 would not be considered for overtime pay.
- Can an employer force employees to be paid by direct deposit and make this a condition of employment?
Yes. The method by which an employer pays its employees is entirely up to the employer.
Yes. It is within their rights to require a drug test, within certain guidelines, for employment and/or continued employment. Alcohol, for instance, is not listed as one of the drugs that can be tested for.
If you’re an employer considering instituting drug testing, its best to consult an employment attorney or the state labor agency before proceeding to ensure compliance with the law.
You can be removed from potential applicants for the job, or, if already an employee, you may be fired.
