Best Employment Lawyers in Asheville, NC

FAQs

• What is the non-emergency contact number for the local police station in Asheville, North Carolina?

  The non-emergency contact number for the Asheville Police Department is (828) 252-1110.

• Where can I get a copy of police reports for incidents related to my case in Asheville, North Carolina?

  To get a copy of a police report, you can use the Police-to-Citizen Tool at https://ashevillepd.policetocitizen.com/. You may also contact the Asheville Police Department Records Unit at (828) 259-5870.

• Can an Asheville employee be fired for taking jury leave?

  If an employee in Asheville is summoned to jury duty or has been called as a grand or petit juror, it is unlawful for the employer to fire or demote them. In addition, the law provides for a civil action for reasonable damages by a dismissed or demoted employee and the right to return to their former post. The civil action can proceed as long as the employee is able to provide proof of the matter.

• What is the process for handling employment discrimination in Asheville?

  You must alert your immediate supervisor and give your employer a chance to make things right if you think you are a victim. In Asheville, a claim must be submitted to the Equal Employment Opportunity Commission within 180 days of the final act of discrimination or harassment if the situation is not remedied. Retaliation of any kind against someone who reports a situation is prohibited.

• What kinds of employee data do Asheville employers keep?

  Based on the Fair Labor Standards Act followed in Asheville, employers must maintain an employee record that includes the name, social security number, address, birthdate (if younger than 18 years old), sex, and occupation. They should also have a file that indicates the employee's total clocked-in time, wage terms, earnings including overtime pay, deductions, and date of payment.

• Can an employee in Asheville be fired for defying employer demands?

  Yes, they can, in some instances. These include employees being asked to perform tasks they dislike and completing assignments with unreasonable deadlines or insufficient timeframes. Employers can also terminate workers without penalty if the latter does not follow their demand to work overtime, on weekends, and on schedules not preferred by the employee.

• In Asheville, what does "employment-at-will" mean?

  The phrase "employment-at-will" simply means that an employer is free to treat its employees however it sees fit unless there is a specific law protecting workers or an employment contract stating otherwise. In Asheville, this may include the assignment of demeaning tasks, the freedom to access their files, and the discharge of employees for any or no reason at all.

• What does an employment attorney do?

  Employment attorneys represent workers, companies, unions, and advocacy groups. Their primary job is preventing and resolving disputes related to state and federal employment regulations as well as civil rights. They assist with the development of policies, including laws and employee handbooks, and they represent clients in court and during administrative hearings overseen by the U.S. Equal Employment Opportunity Commission and state-level labor agencies.

• How much should I ask for in a discrimination lawsuit?

  Employment-related claims are among the most complex and time-consuming lawsuits heard in the civil court system. Before workers can file a lawsuit, they must file a claim with the U.S. Equal Employment Opportunity Commission. Every year, the EEOC recovers $505 million for victims of workplace discrimination. When cases proceed to court, the average settlement is approximately $40,000. However, roughly 10% of claimants receive at least $1 million.

• How do I prove discrimination in the workplace?

  Discrimination lawsuits are typically based on an established pattern of behavior in the workplace. Employment attorneys who handle these claims generally advise clients to gather evidence and document all instances of discrimination, harassment, or abuse, as they occur. The following documents are often vital for proving workplace discrimination:

  • Personnel files
  • Payroll records
  • Employee handbooks
  • Diary or journal entries
  • Medical or mental health records
  • Reports from witnesses
  • Photos or video footage
  • Physical evidence

  
  

• Can I sue my company for a hostile work environment?

  Yes, offensive or unwelcome conduct that creates a hostile work environment and affects your terms of employment may give you reason to take legal action. However, rude or abusive behavior on its own isn’t illegal. It must also be tied to other legal issues, such as retaliation for reporting harassment or discrimination directed at members of a protected group.

• What is the EEOC?

  The EEOC is the U.S. Equal Employment Opportunity Commission. It's a federal agency tasked with helping to enforce laws concerning discrimination in the workplace. Not all employers are covered under the EEOC. Typically, you have to work for an organization with at least 15 employees or for a labor union or agency to be covered by EEOC protections.

• How do I report an abusive boss?

  If you believe you're being discriminated against, you have several options. First, follow internal reporting procedures with human resources or other leadership. You can also file a charge of discrimination with the EEOC. Talking to an employment attorney can help you understand your options and protect your interests.

• What laws protect employees from job discrimination?

  • The Civil Rights Act of 1964 provides employees with protection against discrimination based on a wide variety of factors, including national origin, sex, religion, race, and color.
  • The Age Discrimination Act of 1967 applies age to the protected class.
  • The Equal Pay Act of 1963 forbids sex-based compensation discrimination.
  • The Rehabilitation Act of 1973 makes it illegal to discriminate on the grounds of disability in terms of employment decisions.
  • The Civil Rights Act of 1991 adds more protection and power to the federal government to enforce some of these laws.

• How do I file a wrongful termination claim?

  You can file a wrongful termination claim with the EEOC online, via mail, or in person at various EEOC branch offices. You may be able to file a complaint with a state agency. To determine an appropriate plan of action and which organizations you can file with, speak to an employment lawyer.

• What is unfair treatment at work?

  Unfair treatment is not the same as unlawful treatment. There aren't laws against unfair treatment, which can include a boss who generally bullies people into action or someone who doesn't make fair decisions about time off because of nepotism or mood. Such issues may not constitute a claim for a court argument or allegation, unlike unjust judgments made on the grounds of race or age. An employment attorney can clarify if unfair treatment is also unlawful.

• What are some workers\' rights related to injury and illness?

  Employees have a variety of rights related to time off if they're injured or fall ill. For example, in workplaces covered by the Federal Medical Leave Act, workers are allowed to take up to 12 weeks off without losing their position in a company. The leave is unpaid unless PTO time can be used to cover it. Employees may also have rights to file a workers' comp claim if they're injured on the job. All of these laws cover different situations and types of employers, and an employment attorney can help you understand what rights you have.

• Can an employer force you to work?

  This is a gray area in some cases, which is why it may be a good idea to consult an employment lawyer if you have concerns about your workplace. According to the Occupational Safety and Health Administration , workers have a right to refuse to work in dangerous situations. But the burden of proof that this is, in fact, the case, can weigh heavily on the employee.