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. 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.
- Q. Why was I denied although state psychiatrist deemed me unable to work stable job
- A: This is posted in the Employment Law section, but I recommend posting it in the Social Security Disability section. I think it is imperative that you reach out to social security attorneys as soon as possible. I really cannot make a recommendation based on personal knowledge as I do not work with SSD attorneys. However, I believe the Lanier Law Group, 919-682-2111 handles these types of claims. You might want to reach out to that firm and others of your choice to see if they can help you.
- Q. Hello, is it against the law for a manager to ask and have a discussion about my medications with my coworkers?
- A: In this scenario, most like this is not unlawful. Employers with 15 or more employees are required to keep employee medical information once they receive such information from the employee or a third party on the employee's behalf (a doctor for example). However, asking about your medications is likely not unlawful by itself. Even so, if you are terminated, it could be evidence that your medical condition played a role. If the medical condition meets the definition of a disability under the ADA, there might be a claim.
- Q. A former employer deposit funds in my account in error, am I obligated to repay those funds? What if I am unemployed?
- A: The employer can file a claim to get those funds back. If they do, they will then try to collect if from you.
- Q. Hi, I started working at a IGA store in my town where I noticed I was being underpaid the agreed wage rate.
- A: If the employer is not paying you a promised wage, you can file a complaint for free with the North Carolina Department of Labor's Wage and Hour Bureau. Search online and their website will give you information on filing via phone.
- Q. I am bullied daily at work. complained but no results. I have had severe emotional stress/suicidal thoughts. Can I sue?
- A: Possible, but likely not. Workplace bullying is not unlawful in this state. The only time that you would be able to file a claim for bullying is if it arises to the level of unlawful harassment (pretty much synonymous with the term "hostile environment." Harassment is unlawful only if it is directed toward you based on a protected class such as race, color, sex etc. If it is not, then there might be some limited circumstances where you could sue the person who is bullying you for some form of emotional distress.
- Q. Hello I am a 15 year old male and I feel like I am being sexually assaulted by an 18 year old male
- A: Sexual harassment is complex. There are specific laws that prohibit sexual harassment in certain situations such as employment or education. If this is your co-worker, or boss, or a classmate, then there are specific laws that apply and steps you can take. However, if this is someone you know in a causal setting, then sexual harassment laws will not apply. Even so, there may be other laws such as those covering assault, battery or emotional distress, that would give you a legal claim. Aside from a civil portion, the actions he is engaging in may be criminal.