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Attorneys On Call

From overtime to unemployment, attorneys with the North Carolina Bar Association's Labor and Employment Section answer your questions on workplace issues.

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  • February 13, 2007

    Question: My hotmail account, along w/ my company email acct. can be accessed
    through outlook. One of my co-workers went into a folder in my personal
    acct. using outlook and read and deleated personal files of mine. She
    also shared the emails with my supervisor and I was fired the next day.
    The only restrictions my employer placed on internet use pertained to
    pornography. Of course I feel this was an invasion of my privacy, is
    this supported by any laws or statutes?

    Answer: This is a frequently recurring situation with the amount of internet access employees now have. As a general rule, workplace computers belong to the company and most court decisions have pretty sharply limited the employee's right to expectation of privacy in the use of computer equipment provided by the corporation. One exception I'm aware of, which might apply to you, involves an employer having accessed an employee's private email account...
  • February 13, 2007

    Question:  I feel like I have been discriminated against over the years due to a
    physical disability when seeking employment. I am legally blind -
    20/600 visual acuity - I can not drive a car or read normal type without
    magnification. I hold a MS in Computer Science from VA Tech, worked for
    IBM as a software engineer for 15 years and have been employed with
    Tekelec for the last 9 years. Over the past 12 to 14 years I have
    interviewed five or so times with Cisco and never been offerred a job
    that I felt was commenserate with my qualifications or matched job
    offers given to sighted peers (i.e. friends and co-workers). I am 53
    years old now and have applied for two positions at Network Appliance -
    again no job offer.

    Is there any way I can find out more specific reasons that two companies
    I feel that I am well qualified to work for do not want to offer me a
    job ? I personally believe it is due to my...
  • February 13, 2007

    Question: What is the statute of limitations on action regarding wrongful termination by an employer? After 2 hearings with the ESC, it was  determined that there was no basis for the termination.

    Answer: I can't give you a fixed figure. It depends on the type of suit and employer. Is this a discrimination matter, harassment, government employer, basic tort or some combination. EEOC complaints have different time limitations in the public and private sector.

    You should act quickly by consulting with an employment lawyer who will go over your fact pattern in detail. You should gather all your document and prepare a good and unbiased fact pattern summary of your case. A wise employment lawyer will use your documents to speed up and improve her or his review of your case.

    Don't be confident that an ESC determination will help you. By law, it can not be used in your employment law case. Further, the very language...
  • February 13, 2007

    Question: I worked for a company for 2yrs.When it was sold I was fired citing that
    i was not the kind of mngr that they needed. I am older than their other
    and employees and I am overweight compared to their other staff members.
    I beleive I was discriminated against due to my age and personal
    appearance. There had been no problem with my work performance before
    owner ship change and I only worked for the new owners for two weeks.
    What if any recourse do I have in this situation?

    Answer:  Employers cannot discriminate on the basis of age. Depending on what specifically about your personal appearance is at issue, in some cases employers can discriminate on the basis of appearance - they cannot, for example discriminate on the basis of your skin color, but they could discriminate on the basis of your weight in most cases.

    If you believe you have been discriminated against, and your employer has 15...
  • February 13, 2007

    Question: My husband's boss was taking $80.00 a week out of his paycheck each month for medical insurance. A year later my husband had to have hernia surgery. I called his health insurance to find out what his coverage would be for this surgery. We found out that he had not had medical insurance for a year or more but, the money was being taken out of his check. What can we do to see that this does not happen again? Also, he has been taking the noramal state, federal and SS tax out of his check but when he got his social security statement no amounts were turned in for 2004 & 2005. My husband comfrount his boss about both situations. He also went to SS and took his W-2 forms to show where it was taken out. What by law can we do to see that this does not happen to him or others that work where he works? My husband continues to work here while looking for other job opportunities.

    Answer: You might consider a couple of different options...
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