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Question by Joshua S: Can a company in a “appropriate to function” state call for an exit interview?
A buddy of mine has lately decided to leave her employer because of work conditions. We live in North Carolina which is a “correct to function” state. All employment is voluntary. Nonetheless they are requiring her to come in for an exit interview before they will release her final paycheck (which is already week late getting delivered). Can the company actually do this? Is there something she can do?
Best answer:
Answer by Adam B
Unlikely, unless she signed a contract at the outset that pledged to participate in this interview. It’s a fairly difficult location of contract and labor law, but in brief: you cannot get the benefit of someone’s work and then refuse to pay them, or attach conditions to the payment that weren’t initially agreed upon. Are they paying her for this exit interview? Her time *is* worth something, right after all.
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Comments are closed.
dr.bucksnort Oct 25 2011 - 10:38 am
no they can not , and i would be on the phone to the North Carolina department of labor first thing Monday , a employee has the right to quit at any time for any reason , just like the employer has the right to fire you . at any time with or with out cause , unless the reason is protected under state law . such as race , or age
cantcu Oct 25 2011 - 11:28 am
That’s illegal. And right to work is a misnomer. It is a union-busting tactic that keeps wages low!
She sould go to the labor board!
Rex B4U Oct 25 2011 - 11:30 am
It is absolutely not required and it is illegal to hold the money back. Hire a lawyer and sue them… Or – save yourself a lot of grief and do the interview and tell them what you think.
laughter_every_day Oct 25 2011 - 12:11 pm
She can call the person who says they ae holding up the last check and remind them that the pay was already earned and tell them that if she doesn’t have it in two days she will contact the labor relations board or the equivalent state agency.
Yak Rider Oct 25 2011 - 12:52 pm
In North Carolina a paycheck must be given out, or postmarked if mailed, on or before the normal payday. Your friend can file a complaint with the State Department of Labor.
Are you sure your friend didn’t agree to the interview? They might have said they’d give her the check then assuming there was no problem for your friend.