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A friend of mine has recently decided to leave her employer because of work conditions. We live in North Carolina which is a "right to work" state. All employment is voluntary. However they are requiring her to come in for an exit interview before they will release her final paycheck (which is already week late being delivered). Can the company actually do this? Is there anything she can do?

2007-05-05 12:50:36 · 5 answers · asked by Joshua S 2 in Politics & Government Law & Ethics

5 answers

Unlikely, unless she signed a contract at the outset that pledged to participate in this interview. It's a pretty complicated area of contract and labor law, but in brief: you can't get the benefit of someone's work and then refuse to pay them, or attach conditions to the payment that weren't initially agreed upon. Are they paying her for this exit interview? Her time *is* worth something, after all.

2007-05-05 12:55:35 · answer #1 · answered by Anonymous · 0 0

In North Carolina a paycheck must be given out, or postmarked if mailed, on or before the normal payday. Your friend can file a complaint with the State Department of Labor.

Are you sure your friend didn't agree to the interview? They might have said they'd give her the check then assuming there was no problem for your friend.

2007-05-05 14:17:47 · answer #2 · answered by Yak Rider 7 · 0 0

no they can not , and i would be on the phone to the North Carolina department of labor first thing Monday , a employee has the right to quit at any time for any reason , just like the employer has the right to fire you . at any time with or with out cause , unless the reason is protected under state law . such as race , or age

2007-05-05 12:57:11 · answer #3 · answered by Dr.Bucksnort 7 · 0 0

It is absolutely not required and it is illegal to hold the money back. Hire a lawyer and sue them... Or - save yourself a lot of grief and do the interview and tell them what you think.

2007-05-05 13:00:31 · answer #4 · answered by Anonymous · 0 0

That's illegal. And right to work is a misnomer. It is a union-busting tactic that keeps wages low!

She sould go to the labor board!

2007-05-05 12:58:08 · answer #5 · answered by cantcu 7 · 1 1

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