Charlotte employment law is governed by the civil courts. It encompasses a wide range of areas, all having to do with work-related issues, employee rights, benefits, and other workplace issues. A good Charlotte employment law attorney has a comprehensive understanding of all the various and complex laws that regulate the circumstances under which employers and employees interact with each other, carry out workplace policies, and perform their job duties.
At Maloney Law & Associates, PLLC, your rights matter to us. Whether you are an employee, employer, business owner, or independent contractor, it is important to us that all your legal rights are preserved and upheld. We take the time to know our clients as people and understand their career options and goals. We approach their matters with care and compassion. No matter how big or small a business may be, problems will arise in the workplace.
While we offer aggressive representation for employees and employers in a variety of employment law cases, not every case has to go to trial to have a successful outcome. We are not only skilled in the courtroom but can provide effective negotiation and mediation skills to help resolve your employment law conflicts early and successfully.
Below are some of the most common employment law cases our law firm successfully represents.
There are many ways the rights of an employee can be violated. Unfortunately, employers too often take advantage of the rights of their employees, though many employers do not realize the harm they are causing or may not even know they are breaking the law. Either way, employees who feel their rights have been infringed upon should take proper legal action against their employer.
For many employees, standing up against an employer is an intimidating thought, but when an employee hires an employment attorney to help them circumnavigate the Charlotte civil court system, it makes protecting their rights easier. A good employment lawyer can advocate for their clients throughout the process and be able to represent them in a broad range of issues that can arise from workplace conflicts.
When an employer is accused of breaking a workplace law, whatever the basis for the allegations, it is important to retain an employment lawyer to represent them if the case goes to trial. However, the most effective employment law attorneys can prevent many cases from ever reaching the courtroom. Negotiating a settlement or agreement outside of court can save everyone involved time and money. Mediation is a much faster way to handle employment law cases.
Some cases, depending on the circumstances of the situation, will need to be presided over by a judge. In those cases, a well-versed Charlotte employment law attorney with a thorough understanding of employee rights is ideal to litigate for employers. A qualified, confident employment law attorney is an essential resource in the courtroom for employers.
Employment law covers many issues between employees and their employers. There are a few that are particularly common.
A suit for employment discrimination against an employer can be based on a variety of instances of unfair treatment of employees by the employer in Charlotte, NC. For example, discrimination can be applied to hiring practices, promotions, and raises. An employer can be accused of discrimination if an employee believes they weren’t hired based on a characteristic that is protected under federal and state employment law. Such characteristics include:
When someone is harassed or treated unfairly in the workplace based on one of the above characteristics, they could be eligible to file an employment discrimination claim against their employer.
When an employee feels they have been fired due to a protected characteristic such as gender, religious beliefs, race, national origin, or a disability, they may have been wrongfully terminated and could potentially have a legitimate wrongful termination suit based on employment discrimination. Other types of wrongful termination cases are often based on retaliation against whistleblowers, breach of contract, or termination in violation of public policy.
To know for sure, anyone who has been terminated for what they believe was an unfair reason should discuss their situation with a professional employment lawyer. They can help determine the ideal plan for compensating for such things as loss of wages, loss of benefits, or loss of reputation.
Sexual harassment in the workplace is a serious matter. The work environment should not be a place where anyone feels threatened. Whether you are an employee making allegations or management facing charges, representation by an accomplished employment law attorney can benefit your case significantly. For the accuser, it is important they know their rights and feel protected from retaliation during the investigation and thereafter. For the accused, if there is any kind of identifying physical evidence, you need a strong defense attorney to explain the law and advise you throughout the process.
Businesses looking to protect their business model, trade secrets, design concepts, and other ideas and processes can do so by making employees sign noncompete agreements. These ensure they don’t share these things with other companies during or after employment. Contracts, including noncompete, confidentiality, company property, computer systems, and trade secret agreements, are becoming more common among companies that wish to protect their business methods and products.
Agreements written with the help of a legal professional well-versed in employment law have a better chance of standing up in court should you ever have to press charges against an employee for breach of contract. Furthermore, if you’re an employee whose employer has asked you to sign one of these agreements, it is advised that you have an attorney review it before signing it to ensure its fairness and validity.
Under the FMLA, companies must follow regulations to provide employees with unpaid leave should they need to care for themselves or family members. A knowledgeable employment lawyer can explain to an employer or employee their rights and obligations under the protections of this act. It is important to handle disputes brought forth regarding the FMLA under the advisement of a legal professional. Employers who understand and maintain full compliance with the FMLA avoid violation accusations from employees.
It is very common for employees and employers to have wage and hour and employee benefits disputes. An experienced employment lawyer, though, can help mediate an agreement when these types of labor discrepancies come up. Other disagreements often occur regarding benefit plans, exempt status, overtime, grounds for termination, and other wage-related issues. Having an experienced attorney help determine the truth and come to an agreement can save a company’s reputation, time, and money.
Employees who are considering leaving their employer must consider the fact that their benefits will end when their employment ends. Employment law protects the rights of workers by defining the responsibilities of employers regarding the termination of employees. Employees should fully understand the impact on benefits, future employment, credit, and other areas before leaving their position. Issues with the following documents, policies, and agreements often arise between employees and their employers upon termination:
Speaking to a qualified employment lawyer can help determine what options both employers and employees have regarding termination or separation of employees.
At the onset of employment, it is important for executives taking new positions to have legal counsel when entering negotiations with a new company. Bargaining points can include:
These are all important items that can be leveraged, but they should be clearly defined nonetheless. Executives with professional employment attorneys backing them can optimize the terms of their new position.
Employees have the right to report any unlawful practices or business activities of their employer without being punished for doing so. Oftentimes, whistleblowers are subject to mistreatment following the reporting of wrongdoings in their workplace, but it is illegal for whistleblowers to be punished by means of:
Employees who feel they are victims of such retaliation should protect their rights and speak to an accomplished employment law firm regarding their situation. An employment lawyer can help them understand their rights and legal options regarding whistleblower retaliation.
Independent contractors are not actual employees. It is important that if you are considering an independent contractor relationship, whether you are the worker or the employer, you understand how it impacts you. Furthermore, to be an independent contractor, you need to sign an actual contract. If you don’t have a contract with the company that hired you, or the worker you have hired, a reputable lawyer can prepare your independent contractor agreement or revise a proposed contract to protect your rights and your interests. On the other hand, if you are considering signing a contract, you should have it reviewed by an attorney before you sign.
An established employment law attorney can also assist employers in writing contracts for their employees by evaluating and discussing their needs and interests to assist in writing a contract that is fair to all parties.
If you have an employment law issue, discuss your case with the experienced and helpful wrongful termination lawyers at Maloney Law & Associates, PLLC. Whether you are an employer or employee, we have the knowledge and skills to provide you with high-quality legal representation to best protect your rights and interests.
According to state law, in North Carolina, tort claims for wrongful termination, also called wrongful discharge, in violation of public policy must be filed with the Equal Employment Opportunity Commission (EEOC) within the three-year statute of limitations. Contractual disputes also have a three-year statute of limitations. However, workplace discrimination, as established by federal law, has a 180-day statute of limitations to file with the EEOC, or a 300-day statute of limitations if the discrimination is also prohibited under North Carolina law.
Technically called an “at-will” state, North Carolina allows employers to end an employment relationship with an employee at any time for any reason that is not unlawful. Unlawful reasons for terminating an employee include:
Employers who do terminate with unlawful intentions are subject to legal repercussions.
Yes, and just as employers have the right to fire employees for any reason not deemed unlawful, employees also have the right to quit their job for any reason. Some workers run into problems with this law because it allows employers to alter employment terms without notice or consequences, including:
One exception to this are contractual agreements that state the terms of an employee’s wages, benefits, and duration of employment.
Charlotte employment law attorneys charge either by the hour or a contingency fee. For the latter, they only get paid if their client receives a successful settlement for their case. Hourly employment and labor attorneys charge an average of $320 per hour, while a contingency fee averages between 30% and 40% of a client’s awarded settlement. These estimates are only averages, and the actual fees of Charlotte employment lawyers can vary significantly from these suggested amounts because multiple factors can affect the actual costs of legal fees for employment law services.
At Maloney Law & Associates, PLLC, our Charlotte employment law attorneys are highly skilled in employment law cases and have extensive experience working with all types of work-related cases. Our employment law practice aims for effective, realistic problem-solving. We work hard to find solutions that work for our clients’ individual circumstances and make sense for their unique cases. We strive to address current issues while preserving our clients’ future rights and options.
Whether you have a wrongful termination, discrimination, wage and hour, contractor, or another work-related dispute, we are ready to help you with your legal problem. Contact us today for a consultation.