Frequently Asked Employment Law Questions
Q: The phone book and internet is full of attorneys who advertise that they represent employees and practice employment law. Why should I consider hiring the Fosbinder Law Office?
A: I have two decades of experience in employment law matters and fighting for the rights of the individual employee. Prior to opening my own law firm, I was a Senior Trial Attorney at the United States Equal Employment Opportunity Commission. I believe in thoroughly working a case file through to completion and do not shy away from taking cases I believe in to trial.
You’ll find many employment lawyers have very little trial experience. In contrast, I have spent considerable time in the Courtroom throughout my career including more than a dozen jury trials and scores of criminal bench trials and unemployment hearings.
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: No. 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 prohibit even “at-will” employees from being fired on account of race, pregnancy, national origin, age, ethnicity, disability, sex, religion, the filing of a workers compensation claim, a claim for overtime wages, a claim of harassment, and various other forms of employer retaliation. An experienced employment law attorney should be consulted to determine whether you have any recourse given your unique employment situation. There are also numerous “whistleblower” protections that exist for employees of publicly traded companies and employees of the North Carolina State government.
Q: Can my employer terminate me for simply speaking up against the company?
A: Employers cannot legally retaliate against an employee for filing a legitimate charge with the U.S. Equal Employment Opportunity Commission, 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. There are also numerous “whistleblower” protections that exist for employees of publicly traded companies and employees of the North Carolina State government.
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. These strict time limits for employment law claims must be completed with, or you will lose your rights. 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. This time limit is measured by the last “bad act” taken by your employer and is strictly enforced. Various other time limits exist depending on your particular situation and you should consult an attorney experienced in employment law as soon as possible to ensure your claim is not forfeited.
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 in absolute confidence and without anyone knowing?
A: Yes. The Fosbinder Law Office exclusively represents employees in employment law matters and is obligated by law to keep all information relating to a potential client in the strictest of confidences subject to the rules of professional conduct governing all information relating to the representation of a client or potential client. We take the obligation of confidentiality very seriously and can speak with you regarding your employment situation confidentially. Nothing regarding your visit with us, your phone call, or your information will be shared with anyone outside of our law firm.
Q: I believe I may soon be terminated by my company and think it may be discrimination. Should I wait for them to take action before I talk to an attorney?
A: Not necessarily. Modern day employers are often proficient at building paper trails of alleged performance problems, 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 us 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, and 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, but no one has ever told me that. Does that mean I don’t have case?
A: Not necessarily. In today’s modern society, rarely is unlawful discrimination blatant or direct. For example, an older employee may be terminated, told his or her job is being eliminated, and the company will shortly thereafter hire a young college recruit into the very same position with a change in 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.” This is, sadly, often the form of unlawful discrimination in the 21st century.
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: No. Generally, any adverse employment action (often short of outright termination) taken against you for an unlawful reason may be sufficient to violate 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.