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 my boss call all employees to work for a unpaid meeting? It will be held at 10:30pm.

April 14, 2023

A: This is actually two questions. First, your boss has the right to require you attend at 10:30pm meeting. You have the right to refuse to go, but he can terminate you for not going. Second, whether your employer is required to pay you depends on whether you are an exempt or non-exempt employee. Your employer is not required to pay an exempt employee for attending the meeting. Your employer is required to pay a non-exempt employee for attending the meeting. That is because non-exempt employees must be paid by the hour for all work including overtime at the rate of 1.5 times their hourly rate.

Q. Hi, How do you know when you take a new job, you are not violating non-compete ?

August 29, 2022

A: You need to speak to an employment attorney who has experience with non-competes as this is a complex legal question. It is highly unlikely that you will find the answer simply by googling it. Also, even an experienced attorney may not be able to give a 100% definitive answer depending on how the non-compete is drafted. The attorney can give you a good idea of the parameters and the things that you should consider moving forward. Again, this is complex.

Q. My previous employer has not paid my wages that was owed to me on January 28, 2022. What can I do?

February 7, 2022

A: File a wage claim with the NC Department of Labor. Free of charge and you can do it online. He cannot lawfully hold your pay to make you sign a document or return company property. If you had previously signed a document he might be able to deduct something from your final pay, but not hold it. Also, I advise employees not to sign documents when leaving a company unless the documents clearly benefit the employees.