Kirk Angel

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.

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North Carolina

Since 2005

Tennessee

Since 1997

Founder

The Angel Law Firm, PLLC

2005 - Current

Trial Attorney

United States Equal Employment Opportunity Commission

2001 - 2004

Associate Attorney

Burkhalter, Rayson, & Associates, P.C.

1997 - 2001

University of Tennessee College of Law

J.D. (1997)

1994 - 1997

University of Tennessee - Knoxville

M.A. (1997) | Philosophy

1993 - 1997

University of North Carolina - Asheville

B.A. (1992) | Philosophy

1988 - 1992

Q. Can I take legal action against my employer for harassment about my sexuality?

April 16, 2025

A: In North Carolina, this behavior would be unlawful harassment in violation of Title VII of the Civil Rights Act, but only if the employer has at least 15 employees.

Q. Fired for disability-related tardiness in NC, pressured to not seek legal action

March 25, 2025

A: In general, there is no law in North Carolina that requires an employer to follow your doctor's notes or to excuse you from the requirements of your job. However, if you work for an employer with at least 15 employees the Americans with Disabilities Act may apply to your situation. The ADA requires an employer to provide an employee with a disability a reasonable accommodation unless that accommodation causes an undue hardship. It is possible that adjusting your time to allow you a later start time or other flexibility due to your condition is a reasonable accommodation under the ADA. If so, your employer would likely be in violation of the ADA by refusing to do that and then terminating you because you did not have the reasonable accommodation.

It is not uncommon for employers to offer severance or separation agreements to employees. Those agreements will almost always have a release of claims which prohibit you from filing most employment related claims against them. However, such agreements cannot, for the most part, prohibit an employee from certain types of benefits including unemployment. Additionally, I it surprising that an employer would say that they don't want you to consult with an attorney when most of the agreements say exact the opposite. Even so, if you have signed that agreement, it may well be enforceable and there might be nothing you can do. Whether you have signed the agreement or not, I would recommend that you consult with an experienced employment attorney to discuss your situation and to potentially discuss the agreement the employer provided to you. ... Read More

Q. Are employer's health-related write-ups illegal in NC?

February 20, 2025

A: In North Carolina there are no general employment laws that make it unlawful for an employer to discipline or terminate an employee for health-related reasons. However, there are laws that cover specific situations that are health related.

For example, an employer in North Carolina is not required to allow an employee to have time off for a health-related condition by itself. Even so, if it is an FMLA covered employer and are they are an FMLA eligible employee, then the employee can take up to 12 weeks of FMLA leave for a serious health condition. So, the “third employee was hospitalized and required to take the remaining week off” would be protected from termination if they are FMLA eligible. As another example, any employer with at least 15 employees must comply with the Pregnant Workers Fairness Act which went into effect in June of 2023. That law prohibits certain acts including discrimination against pregnant workers. It also requires the employer to provide accommodations to employees for pregnancy and pregnancy related conditions. So, the “second employee, who is pregnant, was penalized for a scheduled hospital visit to check on her baby” seems to have a claim under the PWFA. ... Read More