Kirk J. Angel, attorney and founder of The Angel Law Firm, PLLC, is a native of Western North Carolina. He received his BA in Philosophy from the University of North Carolina at Asheville. After graduating from UNC-Asheville, Mr. Angel attended the University of Tennessee where he received a Masters in Philosophy and his law degree in 1997. After graduating from UT, Mr. Angel practiced law with a small firm in Knoxville, Tennessee focusing his practice on employment law for employees as well as personal injury and worker's compensation. He returned to his home state to work as a Trial Attorney for the US Equal Employment Opportunity Commission (EEOC) in the Charlotte District Office. Mr. Angel handled litigation and worked on investigations throughout North and South Carolina while with the EEOC. Mr. Angel left the EEOC and opened The Angel Law Firm, PLLC in 2005. He focuses his practice on employment law for employees and local businesses (employers). He is rated AV Preeminent® by Martindale-Hubbell and 10.0 (Superb) by Avvo.com in the area of employment law.
- Employment Law
- Credit Cards Accepted
- Contingent Fees
I accept contingency fees on some cases.
- Rates, Retainers and Additional Information
I offer low cost consultations and flat fee representation in many legal claims.
- North Carolina
- The Angel Law Firm, PLLC
- - Current
- Trial Attorney
- United States Equal Employment Opportunity Commission
- Associate Attorney
- Burkhalter, Rayson, & Associates, P.C.
- University of Tennessee College of Law
- J.D. (1997)
- University of Tennessee - Knoxville
- M.A. (1997) | Philosophy
- University of North Carolina - Asheville
- B.A. (1992) | Philosophy
Title VII of the Civil Rights ActUemployment Compensation 2.mov
NC Unemployment compensationPregnancy and Lactation Discrimination 7
Pregnancy and lactation issuesFamily and Medical Leave act 8
Family and Medical Leave Act. FMLAFair Labor Standards Act 6
Fair Labor Standards Act FLSACOBRA 9
COBRAAge Discrimination Act 4
The Age Discrimination in Employment Act.ADA 5
The Americans with Disabilities ActEmployee at will
- Q. Can an employer write someone up for missing time because their child keeps getting sick?
- A: Yes, and the employee can be fired for missing work even if the doctor gives a note. The only exception is if the child's condition meets the definition of serious health condition under the FMLA and the parent is an FMLA eligible employee with remaining FMLA leave.
- Q. Is a non-compete agreement in North Carolina signed by an existing employee enforceable if no consideration is given?
- A: Every contract has to have consideration to support it. Therefore, if there is no consideration, there is no contract. A couple of things to note. First, consideration is anything of legal value and not just money. Second, even if the contract is legally unenforceable, the employer may file a lawsuit seeking to enforce it. I recommend you speak to an employment attorney as soon as possible.
- Q. Am I being forced to work for free without realizing I am?
- A: Not sure that I completely understand what you are asking or why you think this is working for free. The wage and hour law requires an employer to pay an employee for all time worked unless the employees is salaried exempt. If you work over a scheduled shift or ending time, but your hours are reduced at other times to compensate, then there has been no work for free. Your scheduled shift or work hours has no impact on the wage and hour law which is only concerned with making certain you are compensated for hours actually worked by non-exempt employees.
- Q. Can someone be fired if the company suddenly considers them a liability? Even if they have never had a work accident?
- A: In general, yes. North Carolina is an employment-at-will state where an employee can be fired at any time for good, bad or no reason at all. If he is not performing upto the employer's expectations, then he can be fired and that would be considered a "good" reason. However, if he is not performing up to the employer's expectations because of a health condition, he may have certain rights under the Americans With Disabilities Act. To be protected, he would need to disclose his health condition before termination, then ask the employer for a "reasonable accommodation" of his condition. If the employer does not provide a reasonable accommodation, then he may have a legal claim.
- Q. At my job we get 30 mins for a lunch break. We were told that if we forget to clock out that an hour will taken. Legal?
- A: It would be unlawful if you really did work during that 30 minutes. It would not be unlawful if you did not work during that 30 minutes.
- Q. I was off the schedule to work and they tried calling me into work, they are threatening to fire me if I don’t come in..
- A: Yes, they can fire you if you do not come in. You would not have a legal claim unless you were out due to something like jury duty, military service or FMLA.
- Q. I was berated screamed and totally disrespected . By supervisor I then asked to go to HR. And was denied. Is that legal
- A: That is terrible for you to have to go through. However, there is no law against an employer, supervisor or co-worker berating, screaming or disrespecting you in this state. This type of conduct may be unlawful if it is directed to you on the basis of race, color, sex, national origin, religion, disability or age 40 or older. There is also no law that requires HR to speak to you although HR usually will. Also, keep in mind that most complaints to HR are not protected and that you can be fired for your complaint regardless of the employer's "policy" against retaliation.
- Q. If my position went from exempt to non-exempt. Are we owed back pay for working overtime when exempt?
- A: You cannot be switched between exempt and non-exempt by your employer as those are legal terms defined by the wage and hour laws. You are either one or the other unless there is a substantial change in circumstances (job duties change for example). In making the determination, the law focuses on the actual duties performed by the employee. If you are a non-exempt employee as defined by the law, then you are entitled to overtime pay for any hours worked in excess of 40 in a workweek. If you are an exempt employee as defined by the law, then you are not entitled to overtime pay. Employers often try to pay employees a salary to avoid overtime. However, the employer must still pay for overtime, even if a salary is paid, if the employee's position is non-exempt.
- Q. Can an employer constantly text an employee after hours?
- A: Yes. However, if the texts are work related and you are a non-exempt employees (one entitled to overtime), then the employer must pay you for that time spent on the texts. If you are an exempt employee, then the employer is not required to pay you for that time.