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. 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

Q. I was laid off while pregnant.

January 5, 2025

A: You can ask, but they may not give it to you. However, if you have suffered discrimination based on pregnancy, you must file a charge with the EEOC within 180 days of the discriminatory action. If you do not, you will lose your legal rights. Also, if you sign a severance agreement it will contain a release of claims, and you will also lose rights. You should also consult with an experienced employment attorney as quickly as possible.

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

April 13, 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.