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I have been employ with the Transit System in Charlotte N.C.

Customer Question
I have been employ...

I have been employ with the Transit System in Charlotte N.C. for 25 years.Can an employer hold an employee out of work for not signing a form or paper. No written policy or rule that said it must be sign

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

North Carolina

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

I guess "at will" if means right to work. We also have a union that "forgot" to file a grievance

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I lost two days of paid and could not report back to work until form was sign

Submitted: 7 months ago.Category: Employment Law
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Answered in 5 minutes by:
11/28/2017
Employment Lawyer: Legal Eagle, Lawyer replied 7 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Employment Law
Satisfied Customers: 13,375
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Customer reply replied 7 months ago
I understand
Employment Lawyer: Legal Eagle, Lawyer replied 7 months ago

Thanks so much for your patience. Generally, an employer is allowed to dictate whether an employee is allowed to work, what hours, what days, and what locations. Employees also have some rights including the right to worker's compensation, unemployment insurance, and to be free of harassment based on their sex, age, gender, race, or disability. However, employees do not have the right to work if they refuse to comply with a requirement set up by the organization, unfortunately. It is possible that there is an argument under contract law that may help you. This appears to be a violation of the implied covenant (promise) of good faith and fair dealing if they are refusing to put you to work without a policy stating that they are allowed to do such a thing. Under the Uniform Commercial Code Section 1-304, every contract comes with implied promises from both parties that they are going to be acting fairly toward one another. The failure of one party to act fairly toward other can result in a breach of contract. There’s a site that I’ve used in the past where you can find a good template for advising of a breach of contract. It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past. If this doesn’t work, sadly, the only other option is to either go through an informal mediation or file a lawsuit in your local court. This website is also pretty cool because they have some state-specific breach of contract forms that you can use as well. Click here to choose your state started.

Did you have any other questions for me today that I could help you with?

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