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North Carolina Labor Questions

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  • North Carolina Labor Questions

    Hi all, I have a couple of questions:

    • Paid time off – are employers required to pay earned PTO upon termination (voluntary or involuntary)?
    • Separation notices – does the state provide an official separation notice? If so, download a copy.
    • Unemployment benefits – when does an employee qualify for unemployment benefits?

    Thanks so much for any help you can provide!

  • #2
    It would have been much easier on the responders if you had loaded the questions for all of your states into a single post, since at least some of the questions for each state are the same, but no matter now.

    For NC:

    1.) That depends on your company policy. NC law is slightly different than that of most states. In NC, unless you have a written company policy, accessible to the employees, that specifies under what circumstances PTO or vacation is forfeitable, yes, you have to pay it out.

    2.) No. (And if it did, you can google as easily as we can. Or say please. Don't demand.)

    3.) When they lose their employment for a qualifying reason. DO NOT ask for a list of qualifying reasons. It would be impossible to provide a complete list since reasons are very situation specific. IN GENERAL, and this will be the same in all states, a qualifying reason is one which is attributable to the employer and does not involve misconduct of the employee.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

    Comment


    • #3
      Originally posted by cbg View Post
      2.) No. (And if it did, you can google as easily as we can. Or say please. Don't demand.)

      .
      Taking a stab in the dark here but based on all the posts I'd say they are copying and pasting questions that they were emailed to them to find the answers to... again just my observation.

      Comment


      • #4
        Originally posted by Rangeman View Post
        Taking a stab in the dark here but based on all the posts I'd say they are copying and pasting questions that they were emailed to them to find the answers to... again just my observation.
        Could be.

        OP, if you are in multiple states, may I suggest a payroll compliance subscription service, such as CCH, BNA or RIA. It is very difficult and time-consuming to be researching all the different laws for all the different states online. Plus then, you would have the actual law reference (or lack thereof) if you needed it to prove the answer to someone, rather than just say "people on the internet told me".
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

        Comment

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