EMPLOYMENT LAW IN NORTH CAROLINA

AGE DISCRIMINATION

• If you suspect age discrimination has kept you from being hired, promoted, or retained as an employee, you may have the basis for a lawsuit. The Age Discrimination in Employment Act (ADEA) prohibits companies from making employment decisions based on age. It protects workers ages 40 and over. North Carolina’s Equal Employment Practices Act also protects against age discrimination.  It applies a similar standard to the federal law and also only applies to those employees 40 or older.

PREGNANCY DISCRIMINATION

• Pregnancy discrimination involves treating a woman (an applicant or employee) unfavorably because of pregnancy, childbirth, or a medical condition related to pregnancy or childbirth.   The law forbids discrimination based on pregnancy when it comes to hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits such as leave and health insurance, and any other term or condition of employment.
• Attorneys at SeiferFlatow will help ensure your interests are protected from start to finish.  We will make sure that you are informed as to the strategies and damages that we think should be pursued and the timelines associated with the process.

RELIGIOUS DISCRIMINATION

• Title VII of the Civil Rights Act requires employers to make reasonable accommodations for employees’ religious beliefs as long as complying “does not pose an undue hardship on the employer.” Companies unwilling to accommodate employees can be sued for religious discrimination.

SEX DISCRIMINATION

• When a person is treated unfavorably at work because of his or her gender, that person may have the basis for filing a sex discrimination charge against the employer.   Sexual discrimination, including harassment and unfair practices toward lesbian, gay, or transgender persons, is prohibited by the law.
• To initiate the case, you must file a Charge of Discrimination with the EEOC before filing a harassment claim. If an investigation finds no violation of the law, you will be given a Notice of Right to Sue. Given the complex principles of the law and potential damages at stake, it is advised that you hire a knowledgeable Charlotte employment lawyer early in the process.

CIVIL RIGHTS CLAIMS

• At SeiferFlatow, we can help you during any stage of your age discrimination case.  However, it is especially beneficial for you to seek legal representation once you feel you have been discriminated against because we can assist you with the best manner in which to file the claim, including which evidence to present, and make sure that you have a sense of appropriate damages for the discriminatory act.
• If you feel that you are a victim of racial discrimination, you must file a Charge of Discrimination with the Equal Employment Opportunity Commission before filing a civil rights claim against your employer.  It is especially beneficial for you to seek legal representation once you feel you have been discriminated against because we can assist you with the best manner in which to file the claim, including which evidence to present, and make sure that you have a sense of appropriate damages for the discriminatory act.

HARASSMENT CLAIMS

• It is illegal to harass an applicant or employee because of that person’s gender. Harassment can include unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature.
• If you feel you have been a victim of harassment, you should seek legal representation early in the process so that the right evidence is presented and the best results are achieved. The legal team at SeiferFlatow will help ensure that your interests are protected from start to finish.

EQUAL PAY, PAY DISCRIMINATION, AND REDA CLAIMS

• Since 1963, employers have been prohibited from paying unequal wages to women for equal work. Decades after Congress passed this law, equal pay and wage discrimination in the workplace still exist.
• If you think you were a subject of pay wage discrimination, contact our employment lawyers at SeiferFlatow to find out if you have a lawsuit. You CAN demand fair treatment. Our goal is to help you find financial recovery and justice through the legal system.

GENETIC INFORMATION

• The law is clear: An employer may never use genetic information to make an employment decision. Doing so is discriminatory and illegal. The Equal Employment Opportunity Commission enforces Title II of GINA, or the Genetic Information Nondiscrimination Act of 2008.
• While Title II of GINA has not existed very long, the attorneys of SeiferFlatow have a deep understanding of its provisions. Most notably, employment decisions about hiring, firing, and allowance of leave for diseases related to rare genetic disorders are prohibited.

RETALIATION

• Retaliation occurs when an employer takes adverse action against an applicant or employee, such as termination, refusal to hire, and denial of promotion, threats, unjustified negative evaluations, unjustified negative references, or increased surveillance, assault, or unfounded civil or criminal charges.
• Pursuing an employer retaliation case requires filing a Charge of Discrimination with the Equal Employment Opportunity Commission.  Given the hostile actions of the employer and the intricacies of the process, it is advised that you hire a knowledgeable Charlotte employment lawyer.

WRONGFUL TERMINATION

• In North Carolina, an employer can end the work relationship between the company and the employee at any time (this is what’s known as at-will employment). However, there are a few exceptions to this employment law principle. Exceptions and practices precluded include firing an employee for pursuing a harassment or discrimination claim, firing an employee for refusing to break local, state, or federal laws, and firing an employee for acting as a whistleblower against illegal activities.
• An individual found wrongfully terminated may be eligible to receive lost wages and benefits, future pay, attorneys’ fees, and reinstatement of his or her job. It is recommended that the individual hire a knowledgeable Charlotte employment lawyer early in the process so that the right strategies, processes, and damages are pursued and the individual’s interests protected.

The ADA prohibits discrimination “in regard to job application procedures; hiring, advancement or discharge of employees; employee compensation, job training, and other terms, conditions, and privileges of employment.” Impairments related to seeing, hearing, standing, learning, reading, and thinking are among the protective characteristics that are protected by the ADA.

The Equal Employment Opportunity Commission investigates all workplace discrimination complaints. While the process requires filing a complaint with the EEOC, it is far more complex given potential actions on the part of your employer and the potential for dismissal of your claim.

ADA claims are complex matters that employers tend to deny and avoid whenever possible.   These dynamics and your legal protections make it important that you hire an experienced employment lawyer with knowledge of the federal and state statutes and who is willing to fight for your rights.

More employers throughout Charlotte are requiring workers to sign employment agreements before beginning work, such as confidentiality, non-compete, work product, or arbitration agreements. While employers may see many benefits to the employment agreements, there may be provisions that are often the basis of disputes or provisions that may be pitfalls for the employee.

Please note that SeiferFlatow charges a consultation fee on Employment cases. This fee includes an extensive document review and research prior to your consultation. Please contact us online or call 704-512-0606  for specific pricing and details.