Personal Texts on Company Devices

Let’s say you have a personal iPhone and a company-issued iPhone. On your work phone, you enter the same personal iCloud username and password you use on your personal iPhone so you can listen to your music library on either one. One day, you start up a text conversation with a co-worker on your personal iPhone. You’re both talking about this woman you work with named Kate, and because it’s a private conversation, you use some pretty insulting, derogatory, and …
Read More »

Posted in Noble Notes | Tagged , , , , , , , , , , , , ,

Summary of Unemployment Eligibility and Benefits in NC

In 2013, the North Carolina General Assembly drastically cut benefits for individuals who lost their jobs.  Here are a few things you should know about the unemployment insurance benefit in North Carolina if you have recently become separated from your employer and are considering filing a claim for benefits: Prerequisites File a claim for unemployment benefits Must have been paid a minimum amount of wages based on your individual situation preceding the filing of the claim Register for work Eligibility You are …
Read More »

Posted in Noble Notes | Tagged , , , , , , ,

Should NC Employees Worry About the Computer Fraud and Abuse Act?

Congress passed the Computer Fraud and Abuse Act (“CFAA”) in 1986 to curb hacking practices, especially against the federal government. However, the law’s broad construction lent itself to the law’s use in prosecuting or suing departing employees for unauthorized access or exceeding authorized access of company computers or networks when they download company data for their use after departure. Until a few years ago, such claims made under the CFAA by employers against departed employees were successful in some courts. …
Read More »

Posted in Noble Notes | Tagged , , , , , , , , , ,

Moonlighting While on FMLA: Will It Get Me Fired?

The short answer is “it depends.” What does it depend on, you ask? Well, it depends on whether your employer has a policy against outside employment and whether the company applies and enforces such a policy consistently to all employees who takes leave. In fact, the regulations promulgated under the Family and Medical Leave Act (“FMLA”) speak directly to this point – “If the employer has a uniformly-applied policy governing outside or supplemental employment, such a policy may continue to …
Read More »

Posted in Noble Notes | Tagged , , , , , , , , , , , , , , , ,

What to Expect at a Consultation

If you’ve never met with an attorney before (or even if you have), you’re probably wondering what to expect at the consultation you’ve scheduled with an employment attorney. You should expect that the attorney will: Introduce herself or himself and tell you a little about her or his background; Explain that the content of your meeting will remain confidential and are protected by the attorney-client privilege as long as you do not disclose the content to third parties; Explain that …
Read More »

Posted in Noble Notes | Tagged , , , , , ,

Off the Clock

I’ve heard employees say, “My employer tells me to clock out once I have reached 8 hours in the day, even if I haven’t finished my work.”  If you worked past when you clocked out, can you get paid for it?  If you actually worked more than 40 hours — even if your employer has a policy against working unauthorized overtime – do you still have a right to be paid for it? The answer to both questions is yes …
Read More »

Posted in Noble Notes | Tagged , , , , , , , , , , , , , , , , , ,

More than a Hunch

A federal court in Washington recently took up the case of a Muslim software architect who claimed harassment on the basis of his religion and national origin.  After staying in a room numbered 911 at a hotel on a business trip, he believed someone at his company booked him in that particular room to harass him because they knew that his first name is Mohammed, in order to remind him of the 9/11 terror attacks.  The case is Rahman v. …
Read More »

Posted in Noble Notes | Tagged , , , , , , , , , , , , ,