Q: The phone book and internet are both full of attorneys that advertise they represent plaintiffs or employees and that they also practice employment law. Why should I consider hiring the attorneys at Fosbinder & Van Kampen, PLLC?
A: Although we certainly cannot guarantee success, our attorneys have decades of combined experience in employment law matters and, through a highly selective interviewing and case screening process, only represent a small handful of clients each year whom we believe have the most promising prospects of success on the merits of their case at trial. This highly selective approach allows us to dedicate more time to each individual client and focus 100% of our efforts on achieving positive outcomes for our clients. Although the overwhelming majority of cases do in fact settle before trial, and the ultimate goals of each client's representation are determined by each client, we approach litigation with one clear and very comprehensive goal: to survive summary judgment through gruelingly vigorous and aggressive discovery and to then succeed in proving the case before a trial by jury. Our attorneys exclusively represent employees in employment law disputes and are guided by this highly selective approach of aggressive representation in a small number of what we believe to be highly meritorious cases. We believe this steadfast approach has led to the recognition of our attorneys by peers as "Super Lawyers" and "Legal Elite" after years of representing employees in employment law disputes.
Q: I've heard North Carolina is an employment "at-will" State. Does this mean I don't have any recourse and can be fired for any reason?
A: Although it is true that there is a strong presumption of employment "at-will" in North Carolina, which allows both the employer and employee to terminate the employment relationship at any time for almost any reason or no reason at all, State and Federal law sometimes prohibits even "at-will" employees from being fired on account of race, pregnancy, national origin, age, ethnicity, disability, sex, the filing of a workers compensation claim, a claim for overtime wages, a claim of harassment, or from various other forms of employer retaliation. An experienced attorney that exclusively represents employees in employment law matters should be consulted to determine whether you have any recourse given your unique situation.
Q: Can my employer terminate me for simply speaking up against the company?
A: Employers cannot retaliate against an employee for filing a formal charge with the E.E.O.C., the Department of Labor, for filing a workers compensation claim, or for otherwise engaging in a protected activity such as reporting workplace harassment, refusing to commit a crime, or standing up against discrimination in the workplace. Additionally, depending on your unique situation, numerous "whistleblower" protections also exist for employees of publicly traded companies and employees of the North Carolina State government. These limits on an employer's ability to retaliate are highly dependent on your unique situation.
Q: How long do I have to take action against my employer?
A: Strict time limits often prevent employees from ever revealing their poor treatment in the workplace or from otherwise obtaining a recovery from an employer. Although these "statutes of limitations" vary, employees generally have 180 days (approximately 6 months) to file a formal charge of discrimination with the E.E.O.C., although this may be longer or shorter depending on your particular situation. This charge, along with some State law charges, must be filed as a prerequisite to bringing a lawsuit in court. If this charge is not filed for certain claims, all rights to sue on such claims may be strictly forfeited. This time limit generally begins to run when "adverse employment action" was taken by your employer and the time limit is strictly enforced! Various other time limits exist depending on your particular situation and you should consult an experienced attorney that exclusively represents employees in employment law matters to determine which particular time limits apply to your unique situation.
Q: If I think my employer has violated the law, but I am not sure as to whether I want to take action or not, can I speak to an attorney at Fosbinder & Van Kampen, PLLC in private and in absolute confidences?
A: Yes. The attorneys at Fosbinder & Van Kampen, PLLC limit their practice to the representation of employees in employment law matters and are strictly obligated by law to keep all information relating to a potential client in the strictest of confidences. Our attorneys are, at a minimum, subject to the rules of professional conduct governing all information relating to the representation of a client or potential client and often obligated by law to maintain the utmost of confidentiality regarding all information received from clients. We understand that standing up to do what is right against your employer is, unfortunately, sometimes looked upon unfavorably by some employers and that your job may even be at risk for doing so. Our lawyers therefore take our obligation of confidentiality very seriously and can speak with you regarding your employment situation in the utmost of confidentiality. Absolutely nothing regarding your visit with us, your phone call, or your information will be shared with anyone outside of our law firm subject to the strict rules governing confidentiality of information.
Q: I believe I may soon be terminated and think it may be discrimination. Should I wait for them to take action before I talk to an attorney?
A: No! Modern day employers are often proficient at building paper trails of alleged performance problems, often suddenly - without prior warning - and despite a long record of positive performance appraisals. Because your communications with us are held in the strictest of confidences, it is often highly advisable to consult one of our attorneys while you are still employed. You can take specific steps to bolster your potential case and to protect your rights in the unfortunate event of termination. In fact, these same rights may in fact be forfeited or lost if an attorney experienced in employment law is not consulted as soon as possible.
Q: I am being treated differently than my coworkers, and I have a feeling it is because of my gender, pregnancy, race, or disability, or other protected status, but no one has ever expressly told me that. Does that mean I don't have case?
A: No. In today's modern society, rarely is unlawful discrimination blatant or direct. Often times, for example, an older employee may be terminated and told his or her job is being eliminated, while the company shortly thereafter hires a young college recruit to fill the very same position and with a change in the position's title to cover the tracks. Or, a Hispanic employee may make a complaint to HR regarding derogatory comments in the workplace and may be shortly thereafter terminated for sudden "performance problems." Or, an employee may finally decide to seek medical assistance for his or her medical condition or disability, request a medical leave, and immediately thereafter be terminated for alleged violation of workplace rules or performance problems. All of these examples may constitute, sadly, unlawful discrimination in the 21st century. Our lawyers have years of experience in employment law litigation, with a practice limited to the representation of employees in employment law disputes, and will strive to challenge each and every aspect of an employer's alleged motivations during litigation. We believe cases are won during the discovery process, most often times without any "smoking gun" of discrimination, and we pride ourselves in our steadfast goal to challenge each and every inch of an employer's defenses during discovery.
Q: I still have my job, but have been demoted to a new position. I also think I am possibly being paid significantly less than my male or non-minority counterparts . . . I just have not been formally terminated. Do I have to be fired to have a case?
A: Generally, No. Any adverse employment action (often short of outright termination) taken against you for an unlawful reason may be sufficient to violate most State and Federal employment laws. A significant reduction in job responsibilities, a reduction in pay or benefits in the same position, or even a transfer or reassignment with a corresponding change in prestige and/or lesser career advancement opportunities may all sometimes be enough to trigger the protection of employment laws, if taken because of an unlawful discriminatory reason.
Q: Do you offer free consultations or work on a contingency fee basis?
A: Our firm does not offer free consultations. We will sometimes, however, work with clients in unique situations to arrange an appropriate consultation fee. Our fee schedule varies widely depending upon the type of case, the nature of the representation, and the unique challenges facing each client, and we tailor each fee agreement to the specific client and their unique case. Once the standard consultation fee is paid, and an overall decision is made to undertake representation of a client by our attorneys, an individually tailored fee agreement will be discussed with you and agreed upon prior to commencing representation and forming an attorney client relationship. Our firm frequently represents clients in litigation on a contingency fee basis, in contract review or negotiations on an hourly basis, and most often represents clients based on a unique agreement individually tailored to each client's situation.
Q: I work in South Carolina but live in North Carolina. Can you represent me or do I need to find an attorney in South Carolina?
A: In most cases, as long as you either live or work in North Carolina our firm can represent you. We have represented both North Carolina residents that work in South Carolina and South Carolina residents that work in North Carolina. Although we do represent clients across the entire State of North Carolina, from Wilmington to Asheville, at this time we do not represent South Carolina residents who work exclusively in South Carolina.
*DISCLAIMER: The information you obtain at this site and on the frequently asked questions above is not, nor is it intended to be, legal advice. You should consult an attorney for specific legal advice applicable to your individual situation as many of the general topics discussed above and on this site may be entirely inapplicable or dramatically different based on your unique situation. We invite you to contact us and welcome your calls, letters, and electronic mail. Contacting us, however, does not create an attorney-client relationship until a formal representation agreement is signed. Non-attorney members of our staff may work with you to gather your information prior to meeting with our attorneys, however, these staff members are not qualified to give you legal advice, cannot give you legal advice, and are under strict Fosbinder & Van Kampen, PLLC rules to merely gather your information pursuant to standard firm information gathering practices. Please do not send any confidential information to us until you have met in person with one of our attorneys and until such time as an attorney-client relationship has been established.
