North Carolina Employment and Discrimination Lawyers
Most workers will face violations of their employment rights at some point in their careers, including wrongful termination, unpaid wages (wage theft), wage and hour claims, sexual harassment, racial discrimination, and disability discrimination. Our experienced Raleigh employment and discrimination lawyers can help.
Our compassionate team helps clients with the stress losing a job or income. We provide support, care, and concern in the aftermath of tragedies.
As former insurance defense attorneys, we know how to fight for every penny you deserve.
Employment and Discrimination Lawyers Serving North Carolina
Our North Carolina Employment and Discrimination Settlements and Verdicts:
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In 2021, we represented a client in an employment and wage and hour dispute with his current employer, and our team of Raleigh employment attorneys won a $178,125 judgment on his behalf based on violation of the North Carolina Wage and Hour Act. Our client was a hard-working and devoted employee when suddenly his employer stopped paying his salary. Shortly after after filing a lawsuit, our Raleigh employment lawyers won summary judgment, which awarded our client the full amount of his back wages ($87,500.10) as well as an additional $87,500.10 in liquidated damages plus pre-judgment interest and post-judgment interest. Read more here.
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In 2020, we represented a client in an employment and wrongful termination dispute with his former employer, and our Raleigh team of employment attorneys negotiated a $121,000 severance package for our client even though he was fired “for cause.” Our employment lawyers brought claims based on wrongful termination, discrimination, and violation of the North Carolina Wage and Hour Act. We settled this employment dispute without having to file a lawsuit. Read more here.
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In 2020, we represented clients in an employment and wage and hour dispute with their former employer, and our team of Raleigh employment attorneys negotiated a $84,000 settlement for the employer’s failure to pay severance benefits on time. Our employment attorneys brought claims based on violation of the North Carolina Wage and Hour Act and settled the dispute shortly after filing a lawsuit. Read more here.
What Is Considered an “Employment” or “Discrimination” Claim in North Carolina?
Employment claims in North Carolina typically involve discrimination, wage and hour violations, or involve retaliation or wrongful termination.
Discrimination
When an employee has been treated unfairly or differently on the basis of their race, color, religion, sex, national origin, age, disability, or genetic information.
Wage and Hour Violations
When an employee isn’t paid their earned wages, salary, paycheck or bonus either on time or at all (also known as “wage theft”)
Retaliation and Wrongful Termination
When an employee is terminated or is otherwise punished (losing hours, demotions, or unfavorable treatment) for an unlawful or discriminatory reason
Common Employment Disputes in Raleigh, NC
Discrimination and issues at work can happen anytime, can affect most parts of your life, and can involve anyone. Some of the most common types of employment disputes our discrimination attorneys in Raleigh help with are:
Wrongful termination
Noncompete agreements
Severance agreements
Failure to pay overtime
Failure to pay long-term disability benefits
EEOC (Equal Employment Opportunity Commission) claims
NLRB (National Labor Relations Board) claims
OSHA (Occupational Safety and Health Administration) claims
ADA (Americans with Disabilities Act) claims
Damages Our North Carolina Employment and Discrimination Lawyers Can Help You Recover
The damages you suffered because of discrimination or violation of your employment rights may entitle you to monetary payments and compensation. Some of the most common types of damages recovered in the cases handled by our employment attorneys in Raleigh are:
Back Pay
Front Pay
Reinstatement
Retroactive seniority
Liquidated damages
Out-of-pocket expenses
Emotional harm
Attorney’s fees
Punitive damages
A Guide to North Carolina Discrimination and Employment Claims
Most victims of discrimination or unfair employment practices have questions about what they should/shouldn’t do and how the legal system works. It’s understandable because this kind of tragedy rarely happens to a person more than once. Unfortunately, there is little reliable or correct information about employment claims that is available to the public, which causes confusion about your rights under the law. Here’s what our team of Raleigh employment lawyers believe you should know:
1. What Should I Do If I’m the Victim of Discrimination or Unfair Employment Practices at Work in Raleigh, NC?
The initial moments and days after your adverse employment experience are critical, not only for your well-being but for your chances for compensation as well. Many of these claims must be brought within months of the incident occurring. These are the most important steps to take after your work incident:
Save emails or correspondence supporting your employment claim
Write down a narrative of what happened while it’s still fresh in your head
Make a list of witnesses and their contact information if you know it
Follow any additional instructions from your attorney
2. How Do I File a Discrimination Claim in Raleigh, NC?
To file a discrimination claim in North Carolina, an employee must first file a charge of discrimination with the EEOC or the NCHRC. This involves filling out a form and providing information about the alleged discrimination, including the nature of the discrimination, the dates it occurred, and the names of the individuals involved.
After an employee files a charge of discrimination, the EEOC will investigate the claim to determine whether there is sufficient evidence to support the claim. If the agency finds that there is sufficient evidence, it will attempt to resolve the matter through mediation or settlement negotiations. If these efforts are unsuccessful, the agency may file a lawsuit on behalf of the employee or provide the employee with a right-to-sue letter, allowing them to file a lawsuit on their own.
If an employee decides to file a lawsuit, they must do so within a certain time frame. The employee may be represented by an attorney or may choose to represent themselves in court.
During the lawsuit, the employee will need to prove that they were subjected to discrimination on the basis of their protected characteristic. This may involve presenting evidence such as witness testimony, documentation, or expert testimony. If the employee is successful in their lawsuit, they may be entitled to damages such as back pay, front pay, and compensatory damages for emotional distress.
3. What Types of Discrimination Are Unlawful in North Carolina?
Discrimination at work can happen anytime and can affect your job, housing, and livelihood. It can occur as an employee, an applicant, a trainee, or as a former employee. Some of the most common types of discrimination our Raleigh discrimination lawyers help with are:
Race/color discrimination:
One of the most common forms of employment discrimination in North Carolina is race discrimination. This occurs when an employee is treated unfairly because of their race or ethnicity. For example, an employee may be passed over for a promotion or fired because of their race, or they may be subjected to racial slurs or other discriminatory behavior.
Ethnicity/national origin discrimination:
This occurs when employees are treated unfairly because of their country of origin or ethnicity. This can include being passed over for promotions or being fired because of their national origin, or being subjected to discriminatory comments or jokes.
Genetic discrimination:
Genetic information discrimination is a relatively new form of employment discrimination in North Carolina, but it is becoming increasingly common. This occurs when an employee is treated unfairly because of their genetic makeup or inherited characteristics. For example, an employee may be fired because of a genetic predisposition to a certain medical condition, or they may be denied opportunities because of their genetic makeup.
Sex/gender discrimination:
This occurs when an employee is treated unfairly because of their gender or sex. For example, an employee may be paid less than their colleagues because of their gender, or they may be denied opportunities because of their sex.
LGBT discrimination:
This occurs when an employee is treated unfairly because of their sexual orientation. For example, an employee may be paid less than their colleagues because of their gender, or they may be denied opportunities because of their sexual orientation or perceived orientation.
Pregnancy discrimination:
This occurs when an employee is treated unfairly because they are pregnant. For example, an employee may be paid less than their colleagues, are denied opportunities, or have their employment terminated because of they are pregnant.
Religious discrimination:
This occurs when an employee is treated unfairly because of their religious affiliation. For example, an employee may be paid less than their colleagues, are denied opportunities, or have their employment terminated because of their religious affiliation.
Age discrimination:
Age discrimination is also prevalent in North Carolina, particularly among older workers who may face discrimination due to their age. This can include being passed over for promotions or being fired because of their age, or being subjected to ageist comments or jokes.
Disabilities discrimination:
This occurs when an employee is treated unfairly because of their disability. For example, an employee may be denied reasonable accommodations that would allow them to perform their job duties, or they may be fired because of their disability.
4. What Is a “Wage and Hour” (Wage Theft) Claim in North Carolina?
Wage and hour claims are a common type of legal dispute in North Carolina, as they involve the payment of wages and benefits to employees in accordance with state and federal laws. These claims can arise from a variety of issues, including unpaid overtime, failure to pay minimum wage, misclassification of employees as independent contractors, and failure to provide breaks and meal periods.
One common issue that can lead to wage and hour claims in North Carolina is the failure to pay overtime. Under state law, employees who work more than 40 hours in a workweek are entitled to overtime pay at a rate of 1.5 times their regular rate of pay. This requirement applies to all employees, with the exception of certain exempt employees, such as executive, administrative, and professional employees. Employers who fail to pay their employees overtime may be required to pay back wages, as well as civil penalties and attorneys' fees.
In addition to these requirements, North Carolina law also requires employers to provide their employees with breaks and meal periods. Specifically, employees who work shifts of more than six hours are entitled to a 30-minute unpaid meal break, and employees who work shifts of more than eight hours are entitled to two 15-minute paid breaks. Employers who fail to provide these breaks or meal periods may be required to pay their employees for the time they would have otherwise been entitled to rest.
Wage and hour claims can be complex and can involve a significant amount of evidence and legal arguments. As such, it is often advisable for employees to seek the assistance of an experienced employment law attorney when pursuing these claims. An attorney can help employees to understand their rights and options, and can represent them in negotiations or litigation as needed.
5. Why Are Wage Theft Claims So Common in Raleigh, NC?
Some employers don’t understand their obligations to pay employees on time, every time
Frequently employers believe that bonuses and commissions don’t have to be paid if the employee is fired first
Then companies are suffering financially, some employers think pausing or delaying payroll payments to employees is an option
Some employers, though it’s rare, think overworking employees and underpaying them (and sometimes outright stealing from them) is just good business practices
Free Case Evaluation
Our Raleigh employment lawyers are available now to evaluate your case for free.
6. What Is the Equal Employment Opportunity Commission (EEOC) for North Carolina Discrimination Claims?
The Equal Employment Opportunity Commission is a federal agency that investigates and enforces civil rights laws against workplace discrimination. That includes complaints based on an individual’s race, children, national origin, religion, sex, age, disability, sexual orientation, gender identity, and genetic information. The EEOC also investigates and enforces instances of retaliation for reporting, participating in, and/or opposing discriminatory practices in the workplace (like whistleblowers).
Fortunately, the EEOC has an online portal to file and manage discrimination claims.
7. How Do I File a Discrimination Claim with the EEOC?
Unlike traditional tort claims (i.e. you were injured in a car accident by another driver), you can’t pursue your rights under Federal civil rights law in court until you first file a charge with the EEOC. Don’t worry, the EEOC charge process is designed for people without lawyers. The big mistake people make, though, is missing the hard reality that they only have a matter of days – not years – to do something about it.
8. How Long Do I Have to File a Discrimination Claim with the EEOC?
Once you have either interviewed with or directly filed a charge to the EEOC within the 180 days, you have cleared the first obstacle. This, however, is not the only time limit that will apply to your discrimination claims (see below). You must also be on the lookout for a “Notice of Right to Sue” that the EEOC may mail to you.
9. What Is a “Right to Sue” Letter Mean from the EEOC in North Carolina?
A “Notice of Right to Sue” is a letter issued from the EEOC that will allow you to file a discrimination claim lawsuit in federal court in North Carolina. You need a “Notice of Right to Sue” letter from the EEOC in order to sue the discriminatory party in federal court, but you only have 90 days from your receipt of the Notice of Right to Sue to file the lawsuit. These time limits, called the statute of limitations, are in the law to protect employers from having to go to court over actions that occurred a long time ago. Courts strictly apply this rule and will likely dismiss your claims if they are filed even one day late. It is therefore crucial that you meet these deadlines so that you are not prevented from protecting your rights by a technicality.
10. How Do I Find the Best Raleigh Discrimination or Employment Lawyer for My Case?
Like every profession, discrimination lawyers vary in experience, skills, style, dedication, and levels of customer service so “best” can mean different things to different people. It’s a good idea to see if the employment lawyers you are considering have positive client testimonials, good (and recent) case results, and are passionate about helping others. It depends on whether you want to hire a law firm that works with thousands of clients every year or a smaller firm that only focuses on a limited number of cases. The relationship between lawyer and client requires a significant amount of trust and communication over an extended period of time, so the most important factor is choosing a lawyer that “feels right” to you.
North Carolina Employment and Discrimination Statistics
North Carolina ranks ninth in the nation for the number of workplace discrimination complaints filed. In 2022, 3,506 total charges were filed by North Carolina residents with the EEOC. Of those charges, roughly 33% were based on race and 25% were based on sex. Although the EEOC is a federal agency, North Carolina does maintain an office of Equal Employment Opportunity, which provides in-state resources for victims of discrimination as well as in-state employers to improve hiring and interview processes to ensure compliance with federal laws.
For wage and hour (wage theft claims), North Carolina statistically ranks among the worst for minimum wage violations and employer wage theft. Because the enforcement of wage laws often falls to the North Carolina State Labor Commissioner, political leanings of the person holding that position often influences whether employers face penalties for not following labor laws. Documented wage theft of North Carolina workers and their communities often exceeds $5,000,000 per year. Lack of protections for workers in North Carolina makes our state one of the worst in the nation for employees while being one of the best of businesses.
North Carolina Employment and Discrimination Cases We Handle
We can help with any type of employment claim, but the claims listed below are the most common employment and discrimination issues we handle in North Carolina:
Wage Theft
Wage and Hour Claims
Not paid wages on time
Not paid bonuses
Wrongful Termination
Retaliation
Race/color discrimination
Ethnicity/national origin discrimination
Genetic discrimination
Sex/gender discrimination
LGBT discrimination
Pregnancy discrimination
Religious discrimination
Age discrimination
Disabilities discrimination
North Carolina Employment Lawyer Prices
For transparent pricing on what our Raleigh personal injury attorneys charge to help you with your accident, please review our upfront pricing policies.
Areas Our Employment
Lawyers Serve:
The Best North Carolina Employment
Lawyers Will:
THOROUGHLY INVESTIGATE YOUR Incident or Issue
EXPLAIN YOUR OPTIONS
GUIDE YOU THROUGH THE CLAIMS PROCESS
NEGOTIATE WITH Your Employer
FILE A LAWSUIT IF NECESSARY
ABOVE ALL ELSE, FIGHT FOR YOU
Client Reviews for Our North Carolina Employment Lawyers
Why Our North Carolina Employment Lawyers Provide Free Consultations
Free legal consultations play a vital role in ensuring access to justice as well as promoting fairness, justice, and the well-being of victims of unfair employment practices. That’s why our award-winning Raleigh employment lawyers always provide free consultations for potential clients
Schedule a Free Consultation With Our Raleigh Employment Lawyers Near You
Even if the employer blames you or says you were terminated for cause, our Raleigh employment attorneys have experience in these cases to help ensure that you recover the maximum amount of compensation that you deserve for your damages.