Best Employment Lawyers in Cary

FAQs

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

  Please call (919) 469-4012 to report non-emergencies in Cary.

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

  Citizens may request copies of police reports online, in person, or via mail or fax. The Records Unit in the Cary Police Department at 120 Wilkinson Ave. is open from 8:30 a.m. to 5:00 p.m., Monday through Friday. Reports may be available at https://townofcary.policetocitizen.com/Home.

• What types of employment practices in Cary are not regulated by the Wage and Hour Act?

  According to Cary regulations, the following employment policies are not regulated by the North Carolina Wage and Hour Act:

  • Work intervals or meal times for workers aged 16 or over
  • A notice of discharge or grounds for discharge
  • The number of hours or days an employee may be expected to work, including extra hours, if they are 16 or over
  • Immediate release of final compensation upon employment termination

• What are the duties and responsibilities of joint employers under Cary laws?

  Each joint employer must ensure that the employee receives all employment-related rights under Cary law. This includes payment of at least the minimum wage for all hours worked and overtime compensation of 1.5x the normal rate for hours worked over 40 in a workweek, except when restrictions apply. Joint employers must also total up an employee's weekly hours to determine if they worked more than 40 hours and should be paid overtime.

• If a Cary employee decided to be a whistleblower but has previously participated in workplace fraud, is he still eligible for compensation?

  That depends. The False Claims Act protects whistleblowers, but a Cary employee who planned and initiated the fraud but decided to be a whistleblower cannot receive an award under the law. It should be noted, however, that whistleblowers who participated unaware of the fraud or who were coerced into participating are still eligible to participate in the recovery program. For example, if a whistleblower was threatened with losing their job if he/she did not participate in the fraud, the employee can still be compensated.

• Under Cary employment laws, what does it mean to be an at-will employee?

  The phrase "at-will employment" essentially means an employer is free to terminate an employee's position at any time, for any reason, or for no reason at all, unless there is a particular North Carolina legislation protecting an employee or a contract provision stating otherwise. However, an employee is still protected from workplace retaliation resulting in employment dismissal. Contact your lawyer in Cary if you feel like you have been terminated unlawfully.

• What are the responsibilities of Cary employers in preventing workplace assault and harassment?

  Employers in Cary have an obligation under Title VII of the Civil Rights Act of 1964 to ensure their workers' safety, including protection against sexual harassment and workplace assault. In addition to adopting or enforcing a policy, employers must also be cautious when hiring employees, as neglecting to conduct thorough background checks on new recruits may subject people to harm. After recruitment, the employer must train and supervise employees and take action against those who pose a risk of physical or sexual harassment in the workplace.

• 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.