Employment Law Attorney in North Carolina

As a worker, your good relationship with your employer allows you to continue working and earn a living. Many employees fear the consequences of doing anything that would jeopardize their position. However, the relationship dynamics between an employee and their employer can often make it easy to forget that employees have rights. For example, federal and North Carolina laws guarantee employees a workplace environment free from unfair treatment. These include harassment and discrimination, as well as wrongful termination for speaking up about such conduct.

If you believe your employer has violated your rights, the legal team at Kornbluth Ginsberg Law Group, P.A., can help protect you. Our attorneys have thorough knowledge of North Carolina labor laws, and we will use our firm’s 100-plus years of combined experience and skills to fight for your interests. Contact us today for a confidential consultation with a North Carolina employment attorney.

How a North Carolina Employment Law Attorney Can Help You

A skilled North Carolina employment law attorney can be a powerful ally if you believe your rights have been violated at work. They can assess your situation, explain your legal options, and guide you through the process of seeking justice.

A complex web of state and federal laws protects workers, and an experienced employment lawyer has extensive knowledge of them. They can determine whether your employer’s actions were illegal and build a strong case on your behalf if they were. This may involve gathering evidence, interviewing witnesses, and crafting persuasive legal arguments.

Your attorney can also handle all communications and negotiations with your employer or their legal team, relieving you of stress and protecting your interests during a difficult time. If negotiation does not result in a satisfactory resolution, your lawyer can file a lawsuit and represent you in court.

What Are Common Employment Law Matters?

Employment lawyers handle cases that cover a wide range of legal issues arising in the workplace, often due to a lack of employer compliance with state or federal laws. Some of the most common matters they address include:

• Discrimination – It is illegal for employers to discriminate against employees based on protected characteristics such as race, gender, age, disability, religion, or national origin. Discrimination can take many forms, including unfair hiring and firing, unequal pay, and hostile work environments.
• Sexual Harassment – Unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature are prohibited under state and federal law. Sexual harassment can involve quid pro quo demands from superiors or pervasive behavior that creates a hostile work environment.
• OSHA Issues – The Occupational Safety and Health Administration (OSHA) sets and enforces standards for workplace safety. Employers must comply with OSHA regulations, and employees have the right to a safe work environment. An employment lawyer can hold employers accountable for unsafe conditions.
• Retaliation – It is illegal for employers to punish employees for engaging in protected activities, such as reporting discrimination, filing workers compensation claims, or taking leave under the Family and Medical Leave Act. Retaliation may involve demotion, salary reduction, or termination.
• Violation of Rights – Employers must respect employees’ rights, including the right to minimum wage and overtime pay. Employment attorneys can hold employers accountable for violating these rights.
• Unfair Treatment – While not all unfair treatment is illegal, employees have legal recourse against companies that systematically engage in abusive, unethical, or discriminatory practices.
• Wrongful Termination – If an employee is fired for an illegal reason, such as discrimination or retaliation, they may have grounds for a wrongful termination claim. Employment attorneys can fight to get wrongfully terminated employees reinstated or compensated.
• Family and Medical Leave Act (FMLA) – Eligible employees have the right to take unpaid leave for specific family and medical reasons. It is illegal for employers to interfere with or retaliate against employees for exercising their FMLA rights.
• Contracts – Employment lawyers can review, draft, and litigate employment contracts, including non-compete agreements, severance agreements, and other essential documents that define the employer-employee relationship.

What Do North Carolina Labor Laws Cover for Employees?

North Carolina labor laws provide a range of protections for employees in the state. These laws cover issues such as minimum wage, overtime pay, child labor, and workplace safety.

Under North Carolina law, most employees must be paid at least the federal minimum wage, which is currently $7.25 per hour. Employees who work more than 40 hours within a single week are entitled to overtime pay at a rate of 1.5 times their regular hourly rate for hours they work in excess of 40.

North Carolina also has laws regulating the employment of minors. These laws restrict the hours that children can work and prohibit them from performing certain hazardous jobs.

The North Carolina Occupational Safety and Health Act requires employers to provide a safe and healthful workplace. Employers must comply with safety standards, provide necessary protective equipment, and train employees on potential hazards.

North Carolina law also prohibits employers from discriminating against employees based on protected characteristics, including immigration status. Employers cannot retaliate against employees who report discrimination or participate in an investigation.

What Should I Do If I Believe an Employer Is Violating My Rights?

If you believe your employer is violating your rights under North Carolina or federal law, it is vital to take action to protect yourself. Here are some steps you can take:

• Document the Violation – Record any incidents of discrimination, harassment, or other illegal behavior, including dates, times, and witnesses.
• Report the Violation – If your employer has an internal complaint process, follow it to report the violation. If not, you can file a complaint with the appropriate state or federal agency, such as the North Carolina Department of Labor or the Equal Employment Opportunity Commission.
• Consult with an Attorney – An experienced North Carolina employment lawyer from Kornbluth Ginsberg can advise you of your rights and help you through the legal process. They can also protect you from retaliation and fight for any compensation you may be entitled to.

How Long Do I Have to File an Employment Law Claim in North Carolina?

In general, North Carolina requires an employee to file a complaint within 180 days of an alleged violation, but there are some that have shorter or longer deadlines. The timing for claims relating to discrimination or sexual harassment may differ, depending on the circumstances. By consulting a knowledgeable North Carolina employee rights attorney as early as possible, you can avoid missing any relevant deadlines, have the correct paperwork, and file everything with the proper authorities.

Consult an experienced North Carolina workers’ rights attorney from Kornbluth Ginsberg for the most up-to-date information.

Would I Be in Danger of Retaliation for Filing a Claim?

One of the most common reasons employees refrain from taking legal action against their employers is that they fear retaliation. However, many laws on the state and federal levels make it illegal for employers to retaliate against employees for asserting their rights.

Workers in North Carolina are protected from retaliation under the Retaliatory Employment Discrimination Act (REDA). This Act specifically protects you if you threaten or complete a filing against your employee based on the following:

An employee who is fired or becomes the target of discriminatory action after voicing concerns or initiating a claim may have a legal case. Speak to an experienced attorney from Kornbluth Ginsberg to determine whether your situation may qualify.

What Could My North Carolina Employment Case Be Worth?

The value of an employment law case can vary widely depending on the specific facts and circumstances. Factors that can affect the potential value of a case include:

• The type and severity of the violation
• The strength of the evidence
• The extent of any losses suffered, such as lost wages or emotional distress
• Whether the violation was willful or negligent
• The employer’s size and resources

In some cases, employees may be eligible for back pay, front pay, compensatory damages, punitive damages, and attorney’s fees. Compensatory damages can cover both economic losses, such as lost wages and benefits, and non-economic losses, such as pain and suffering.

Contact a North Carolina Employment Law Lawyer Today

Being the target of unfair treatment at work is far too common in North Carolina and across the country. However, its prevalence does not excuse its persistence. While it can sometimes feel easier to simply ignore this type of behavior, taking action is the most effective means of preserving your rights and preventing similar wrongdoing against others in the future.

The skilled attorneys at Kornbluth Ginsberg are here to make the process as straightforward as possible. Lead employment law attorney Michael Kornbluth has been fighting for workers’ rights in North Carolina for many years, and our team is ready to stand up for you today.

Reach out to us today for a confidential consultation to learn more about what our workers’ rights attorneys can do for you.