Best Employment Lawyers in Durham, NC

FAQs

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

  The non-emergency contact number for the local police station in Durham is (919) 560-4600.

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

  You can obtain a copy of your police report in Durham by visiting the Records Division at the Durham County Courthouse on 510 South Dillard Street during business hours from 8:30 AM until 5:00 PM, Monday to Friday.

• Can you sue your employer in Durham if you've been subjected to racial discrimination at work?

  Yes. You have the right to file a lawsuit in Durham if you have been racially discriminated against at work. You have 180 days to file your complaint, and the Employment Discrimination Bureau will be the agency that will conduct the investigation. A judge will hear your discrimination complaint rather than a jury.

• Are employers in Durham observing an at-will employment statute?

  Yes, employers in Durham and the rest of North Carolina observe at-will employment statutes. This means that employers can terminate workers for any reason or no reason at all. It also gives the employer the authority to withhold personnel files and assign an employee any tasks available. However, if there is an existing employment contract, it will be taken as an exception.

• Can your employer change your employment status from full-time to part-time in Durham?

  Yes. An employer in Durham has the right to change an employee's status from full-time to part-time. It is within the legal bounds of an employer to even change your employment status without informing you, as long as the wages given to you during the change of status will remain the same.

• How can you file a wage complaint in Durham?

  If you have a wage dispute in Durham, you can file a complaint to the North Carolina Department of Labor’s Wage and Hour Bureau. You may contact their call center at 1‐800‐625‐2267 (1‐800‐NC‐LABOR) and prepare personal information such as name, address, age, job title and description, name of employer, and business address. You must be able to provide dates of your employment and the rate of pay.

• What is the current minimum wage in Durham?

  The current minimum wage in Durham and across North Carolina is $7.25, except for agricultural and domestic employees. However, there are some exceptions for employees earning tips, as the labor law in North Carolina permits employers to earn a percentage from earned tips, provided that records will be made and approved by employees. It also mandates employers to allow employees to keep 85% of their pooled tips.

• 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.