Durham Employment Lawyers

Take a Stand Against Unfair Treatment in the Workplace

America's workforce is guaranteed "a workplace free of harassment, discrimination, and other forms of unfair treatment." As a single employee, it can sometimes seem like there is nothing you can do when you are treated unfairly by your employer, but the truth is that the legal system and a capable attorney can put you on equal footing with even the largest of corporations.

At Kornbluth Ginsberg Law Group, P.A., our Durham employment lawyers help employees take a stand against sexual harassment, retaliation, discrimination and more. We also regularly assist executive employees with severance and contract negotiations.

What Is an Employment Lawyer?

An employment lawyer is a highly skilled professional who specializes in protecting workers' rights and guiding them through the complexities of workplace laws. When employees face unfair treatment or violations of their rights in the workplace, an employment attorney becomes their advocate, offering valuable advice and representing their interests in legal proceedings. These lawyers are well-versed in labor laws and have the expertise to identify potential violations, helping clients seek appropriate compensation and remedies.

What Does an Employment Attorney Do?

An employment attorney plays a crucial role in assisting employees who face various challenges in the workplace, such as discrimination, OSHA issues, or retaliation. Here are the key services that an employment attorney in Durham can provide:

• Advising on Employment Law and Rights: An employment attorney is well-versed in employment law and can provide comprehensive advice on your rights as an employee. They will guide you through the complex legal landscape, ensuring you understand your rights and protections under the law.
• Assisting with Complaints: If you believe your rights have been violated, an employment attorney can assist you in filing complaints with the appropriate governmental agencies, such as the Equal Employment Opportunity Commission (EEOC) or the Department of Labor. They will help you navigate the process, ensuring your complaint is properly documented and presented.
• Representation in Court: In situations where legal action is necessary, an employment attorney will represent you in court proceedings related to your employment law issues. They will build a strong case on your behalf, present arguments, and advocate for your rights to seek a fair resolution.
• Investigating Violations: Employment attorneys are skilled at investigating potential violations of labor laws or other legal statutes and regulations related to employment. They will thoroughly examine the circumstances of your case, gather evidence, and identify any legal violations that may strengthen your claims.
• Combating Sexual Harassment: If you have experienced sexual harassment in the workplace, an employment attorney can represent you both inside and outside of court settings. They will fight to protect your rights and seek justice on your behalf.
• Protecting Future Career Prospects: An employment attorney can help you safeguard your future career prospects from being harmed by unfair treatment at work. They will advise you on strategies to mitigate any negative impact on your professional reputation or advancement opportunities.
• Seeking Compensation and Remedies: Whether through litigation, arbitration, class action lawsuits, or negotiations with employers, an employment attorney will strive to secure the compensation and remedies you deserve. They will advocate for your rights and pursue a fair resolution to address any harm or losses you have suffered.
• Consultation Services: An employment attorney can provide consultation services on any aspect of your rights during your employment. Whether it's reviewing employment contracts, non-compete agreements, or workplace policies, they will ensure you have a clear understanding of your rights and help you make informed decisions.

By engaging the services of an experienced employment attorney, you can navigate complex employment issues with confidence, knowing that your rights and interests are protected throughout the process.

When Does an Employee Need an Employment Lawyer?

An employment lawyer is an invaluable resource when it comes to safeguarding your rights in the workplace. If you find yourself facing discrimination, sexual harassment, OSHA issues, or retaliation from your employer, it is crucial to seek the guidance and representation of an experienced attorney. Here are some key indicators that signal the need for an employment lawyer:

• Discrimination: If you believe you have been subjected to unfair treatment based on factors such as race, gender, age, disability, religion, or other protected characteristics, an employment lawyer can help. They will assess your situation, gather evidence, and fight for your rights, ensuring that you are protected from discriminatory practices.
• Sexual Harassment: If you have experienced unwelcome sexual advances, requests for sexual favors, or other verbal, non-verbal, or physical conduct of a sexual nature in the workplace, an employment lawyer can provide vital support. They will guide you through the process of reporting the harassment, ensure your rights are protected, and pursue legal action against the harasser and your employer if necessary.
• OSHA Issues: If you encounter hazardous working conditions that pose a threat to your health and safety, an employment lawyer can provide guidance. They will help you navigate the Occupational Safety and Health Administration (OSHA) regulations, ensuring that your workplace complies with safety standards and taking appropriate action if violations are identified.
• Retaliation: If you face adverse actions or retaliation from your employer in response to protected activities, such as reporting illegal conduct, filing a complaint, participating in workplace investigations, or standing up against discrimination or harassment, an employment lawyer can assist you. They will advocate for your rights, holding your employer accountable for any retaliatory actions and seeking appropriate remedies.
• Violation of Rights: If your employer has infringed upon your legal rights, such as wrongful termination, wage and hour violations, denial of benefits, or breaches of employment contracts, an employment lawyer can help you understand your rights and seek appropriate compensation. They will review the facts of your case, develop a legal strategy, and pursue justice on your behalf.
• Unfair Treatment: If you feel that your employer has treated you unfairly, but you are unsure whether your rights have been violated, consulting with an employment lawyer can provide clarity. They will assess your situation, review relevant laws and regulations, and advise you on the best course of action to protect your interests.

Remember, employment laws can be complex, and employers may have legal representation to protect their interests. By enlisting the services of a qualified employment lawyer in Durham, you can level the playing field and ensure that your rights are upheld. They will work tirelessly to address any injustices you have experienced, seeking appropriate compensation or remedies while providing invaluable guidance throughout the process, including navigating the sensitive and challenging issues of sexual harassment in the workplace.

How Long Do I Have to File a Claim?

Typically, you must file a complaint within 180 days from the date that alleged violation occurred. If you wish to file a claim due to discrimination or sexual harassment, you must file it within a certain amount of time. Our firm can help you make sure you have the right paperwork and can take care of filing everything with the proper authorities and within the proper time frame.

If the charge you are bringing is also covered by a local or state anti-discrimination law that the Fair Employment Practices Agency is responsible for enforcing, you may have an extended period of time to file from the date that the alleged violation occurred.

Am I in Danger of Retaliation for Filing a Claim?

Many laws, both state and federal, exist that would make it illegal to retaliate against an employee for exercising their rights. As an employee in North Carolina, you are protected from employer retaliation if you threaten or follow through with filing a claim or complaint, under the Retaliatory Employment Discrimination Act (REDA).

REDA applies to the following:

• Wage & Hour Claims
• Discrimination Due to Sickle Cell or Hemoglobin C Trait Claims
• Workers’ Compensation Claims
• National Guard Service
• OSHA Claims
• Mine Safety & Health Act Claims

If you are fired or other discriminatory action is taken against you after you initiate actions pertaining to filing a claim, you may have a case.