Experienced Employment Law Attorneys in Winston-Salem, NC
Has your work experience been unfair or harmful? Have you faced discrimination, wage theft, retaliation, or harassment? If so, you may be able to file a legal claim and recover compensation.
Employers have an obligation to provide a safe workplace and follow all federal and state labor laws. These laws involve wage obligations, such as minimum wage and overtime, and protect employees from discrimination, harassment, wrongful termination (exceptions to NC’s at-will employment laws), and some forms of retaliation.
Nevertheless, North Carolina employers continue to intentionally or mistakenly violate labor laws. When a violation of employment laws in the Winston-Salem area harms you physically, emotionally, or financially, you deserve compensation.
Our employment attorneys serve clients throughout Winston-Salem, Forsyth County, and the broader Piedmont Triad including High Point, Kernersville, Greensboro, and surrounding communities. We handle consultations by phone and in-person appointments. While our employment team is based across our North Carolina offices, distance has never been a barrier to getting you the representation you need. When your case requires it, our attorneys appear in the courts and agencies that serve you.
A Winston-Salem employment lawyer can help you right the wrong you experienced by filing a workplace legal claim.
At EMP Law, we’ve earned a reputation for fighting for employees and are veteran practitioners in the field of employment law. See examples of where we’ve fought for the underdog, and won. We can help you recover the workplace compensation you deserve. Contact us online or call (336) 724-2828 today for assistance.
What Does an Employment Attorney for Employees in Winston-Salem Do?
An employment lawyer for employees in Winston-Salem, NC, helps workers recover compensation or address the harm they suffer in the workplace. When you contact a Winston-Salem employment lawyer, they will take these steps to help you.
Meet for a Consultation
First, you’ll meet with a lawyer for a consultation. At this initial meeting, you can explain how you were mistreated at work and discuss any evidence you have. The attorney will explain applicable laws and answer your questions. The attorney may also discuss fees and give you a potential timeframe for resolving your claim.
Gather Information
If you retain EMP Law, they will begin to research and investigate your claim. If needed, the attorney may hire an investigator to find additional evidence.
File a Claim
Depending on the nature of your claim, your attorney may file a claim with the EEOC, the North Carolina Department of Labor, or in federal or state court. Your attorney will explain the legal strategy for your case before taking any action.
Negotiate a Settlement
Throughout the process, and with your input, your attorney may attempt to negotiate a settlement to resolve your claim. If your employer is unwilling to offer an agreeable settlement, you and your attorney can discuss the next steps, including initiating legal action.
Employment Law in Winston-Salem and Forsyth County
Winston-Salem is Forsyth County’s economic center and home to a diverse workforce spanning healthcare, manufacturing, financial services, retail, and higher education. The county’s three largest employment sectors are healthcare and social assistance (over 42,000 jobs, 22% of the workforce), retail trade, and accommodation and food services.
Major employers in the area include Atrium Health Wake Forest Baptist, Novant Health, Truist (approximately 4,000 local employees), Wells Fargo (approximately 3,500 local employees), Reynolds American, Hanesbrands, Collins Aerospace, and Winston-Salem/Forsyth County Schools. Across these industries, employment disputes are common hospital workers face scheduling retaliation, retail employees encounter wage theft and misclassification, manufacturing workers deal with disability accommodation denials, and financial services employees are often bound by aggressive non-compete agreements.
EMP Law represents employees from all of these industries and at all levels within organizations. We understand the specific pressures Winston-Salem workers face and the specific employers they deal with.
When Should You Contact an Employment Lawyer?
If your employer permits a work environment that harms you physically, emotionally, or financially, you should first report the matter to them. Discuss the issue with your employer and provide details about the conduct and activity that you believe is in violation of your rights or the law. In many cases, your employer will have a duty to investigate your report. Sometimes, a simple conversation can take care of the issue. Your employer may willingly pay you overdue wages, take appropriate action related to a personnel matter, or otherwise proactively address your complaint.
However, if reporting the incident to your employer does not resolve things, you should consider taking further action. To protect yourself, you should file a claim with a federal or state agency or in court, depending on the nature of your harm. Employment laws are complex, and you may find it difficult to determine where to file a claim. If you are confused, need advice, or prefer an experienced lawyer to handle your claim, contact our employment lawyers in Winston-Salem.
Call (336) 724-2828 or send us an online message today to get started.
Meet Our Winston-Salem, NC Employment Law Attorneys
Our North Carolina employment law team has decades of combined experience representing workers in discrimination, retaliation, wage, and wrongful termination cases. EMP Law has been fighting for employees since 1988 representing individuals at every level, from hourly workers to executives, in industries including healthcare, manufacturing, retail, financial services, and the public sector.
Employment Matters We Handle
We have successfully helped our clients in a range of employment-related issues, including:
Discrimination (Race, Sex, Disability, Age, Religion, National Origin or Pregnancy)
If you feel that you were the victim of discrimination based on your race, sex, disability, religion, national origin, or pregnancy, and your employer has 15 or more employees, or based on your age and your employer has 20 or more employees, you may file a charge of discrimination with the Equal Employment Opportunity Commission (EEOC), a federal agency which enforces laws against discrimination.
You may start the charge filing process by contacting your local EEOC office and relating the facts of your case to the EEOC investigators. The deadline for filing a charge is 180 days from notice of the discriminatory act (whether it is a notice of termination, failure to promote, denial of benefits, or some other adverse action during your employment relationship).
If you intend to file a charge of discrimination, you should do so at once. If you wish to have a consultation concerning potential discrimination, please don’t hesitate to reach out to us today.
To file a charge, contact the office of the EEOC closest to you:
Raleigh, NC:
434 Fayetteville St, Suite 700
Raleigh, NC 27601
(919) 856-4064
Charlotte, NC:
129 W. Trade Street, Suite 400
Charlotte, NC 28202
(704) 344-6682
Greensboro, NC:
1500 Pinecroft Rd #212,
Greensboro, NC 27407
(336) 547-4188
Harassment (Race, Sex, Disability, Age, Religion, National Origin, or Pregnancy)
Harassment is a form of discrimination. If you feel you have been or are the victim of harassment, based on race, sex, disability, age, religion, national origin, or pregnancy, you should carefully document each incident and report the harassment in writing to the appropriate supervisor or upper management employee.
If your employer is covered under our federal discrimination laws, a charge of harassment must be filed with the EEOC within 180 days of the alleged act. Whether or not your employer is covered by federal law, you may have other claims under state law. To protect your rights you must file a lawsuit against your company or the harasser before the deadline of the applicable statute of limitations.
The statute of limitations can be very short. If you believe you have a basis to claim harassment on the above grounds, you should seek counsel or file a charge without delay. If you wish to have a consultation concerning harassment, please complete our online questionnaire, or call us at (336) 724-2828 today.
Family and Medical Leave Issues
FAMILY AND MEDICAL LEAVE ACT (FMLA) Federal law requires, generally, that employers with 50 or more employees permit up to twelve weeks annual unpaid leave for employees who have been employed for one year or more, and who are seriously sick or injured, have an immediate family member who is seriously sick or injured, are adopting a child, or have just given birth.
You may qualify for this type of leave, depending on the size of your employer, the length of your employment, and your health or family situation. If you are eligible for FMLA leave and your employer denies it to you, or retaliates against you for taking leave, you have two years after the last action you contend was in violation of the Act (three years if the employer’s violation was willful) to file a private lawsuit in court against the employer. You should assume that your statute of limitations is two years, not three years, to be certain that you are filing on time. If you feel you have been wrongfully denied leave under the Act, you may contact the local office of the U.S. Department of Labor.
Please note that the filing of a charge with the U.S. Department of Labor does not prevent your statute of limitations from expiring on a private lawsuit.
If you wish to have a consultation concerning FMLA issues, please reach out to our Winston-Salem, North Carolina employment law firm today.
Disability Discrimination
The Americans with Disabilities Act (ADA) protects employees from discrimination based on their disability status. Under the ADA, a disability is defined as a mental or physical impairment that substantially limits one or more major life activities. Additionally, a person who has a record or history of such an impairment or one who is perceived by others to have such an impairment may qualify as disabled under the ADA.
Some examples of discrimination under the ADA include:
- An employer asking you about your medication,
- An employer requiring you to disclose your disability status,
- An employer requiring a medical exam before your job offer, and
- An employer charging you the reasonable cost of an accommodation in the workplace.
There are more ways that an employer can discriminate against you based on your disability status in the workplace. However, these are best explained by an experienced Winston-Salem employment lawyer.
In North Carolina, you typically have 180 days after the discriminatory event to file an employment discrimination claim. To file a claim, you can contact the Equal Employment Opportunity Commission at 800-669-4000 to find your local office and get additional instructions. Further, a Winston-Salem employment attorney can help you meet important deadlines in your matter.
Wage and Overtime Issues
If you feel that you have been denied wages, overtime compensation, or other benefits including accrued bonuses, vacation and sick leave, you may file a complaint with the North Carolina Department of Labor or the United States Department of Labor. These agencies investigate complaints which fall within the North Carolina or federal wage and hour laws (depending on the size of the employer, the type of business conducted, and the type of work done by the employee).
You have two years (three years if the employer’s violation was willful) after the date wages were due and payable to file a private lawsuit to recover unpaid wages from the employer. You should assume that your statute of limitations is two years, not three (3) years, to be certain that you are filing on time. If you feel you have been wrongfully denied wages, benefits or overtime, you should contact one of the offices listed below.
Please note that the filing of a charge with the North Carolina Department of Labor or the U.S. Department of Labor does not prevent your statute of limitations from expiring on a private lawsuit. If you wish to have a consultation concerning wage and hour issues, please give us a call at (336) 724-2828.
Contact: North Carolina Department of Labor (state minimum wage & overtime; unpaid vacation; employment of children; & deductions from paychecks) 4 West Edenton Street, Raleigh, NC 27601-1092 (919) 807-2796 (Wage & Hour, Raleigh) www.dol.state.nc.us U.S. Department of Labor (federal minimum wage & overtime; polygraph tests; family & medical leave), 4407 Bland Rd., Suite 260, Raleigh, NC 27611 (919) 790-2741 800 Briar Creek Rd., Suite CC-412, Charlotte, NC 28205 (704) 344-6302 www.dol.gov
Firing for Reporting Employer Conduct (Retaliatory Discharge)
If you feel you have been terminated, discriminated against, or retaliated against because you have pursued a claim, filed a complaint, initiated an inquiry, investigation or inspection, testified or provided information with respect to discrimination by your employer under federal law, you may file a charge of retaliation with EEOC (see above) within 180 days of the alleged act.
If you feel you have been terminated, discriminated against, or retaliated against because you have pursued a claim, filed a complaint, initiated an inquiry, investigation or inspection, testified or provided information with respect to Workers’ Compensation, OSHA, the Wage & Hour Act, the Mine Health & Safety Act, or some other administrative claim (such as discrimination against a person with sickle cell), you may file a complaint with the North Carolina Department of Labor, which investigates such claims in North Carolina.
A written complaint must be filed with the North Carolina Department of Labor within 180 days of the date of the alleged retaliatory act. If you wish to have a consultation concerning retaliatory discharge, please contact us online, or give us a call at (336) 724-2828.
Firing for an Illegal Reason (Wrongful Termination)
Being fired for an illegal reason, otherwise known as wrongful termination, is prohibited under North Carolina law. To have an actionable claim for wrongful termination, your termination must have been more than unfair. It must also rise to the level of illegal.
Some examples of illegal termination include:
- A termination in breach of your employment contract;
- A termination that was based upon discriminatory reasons such as on the basis of age, race, sex, or pregnancy; or
- A termination that was retaliatory in nature, in which the firing was a result of the employee filing a lawsuit against the employer or if the employee acted as a whistleblower against the employer.
These are just some of the types of termination that could be considered illegal in North Carolina. If you believe you were wrongfully terminated, you should reach out to a Winston-Salem employment law firm.
Breach of Contract
North Carolina is an at-will employment state. This means that an employer has broad discretion in how, when, and why they fire an employee. However, an employer still cannot breach their employment contract with you when firing you.
Some exceptions to the at-will employment rule include:
- Termination for discriminatory reasons under either state or federal law,
- Termination as a result of an employee choosing to work for the government on election day,
- Termination in breach of an employment contract,
- Termination that would be actionable under the tort of wrongful discharge, and
- Discharge that would be contrary to public policy.
If you have been fired, one of the first steps you should take is to review the contractual terms of your employment agreement with your former employer. You should especially note any terms that relate to termination or discharge. Employment attorneys in Winston-Salem can help you review the terms of your employment contract to see if you have an actionable claim for breach of contract.
Frequently Asked Questions — Employment Law in Winston-Salem
Can my employer fire me without warning or reason in North Carolina?
Generally, yes North Carolina is an at-will employment state, which means most employers can terminate employees at any time without providing a reason or advance notice. However, this does not mean an employer can fire you for an unlawful reason. Termination based on your race, sex, age, disability, religion, national origin, or pregnancy, or in retaliation for legally protected activity, is illegal regardless of the at-will rule. The detailed exceptions to at-will employment are explained in the section above.
What is the difference between wrongful termination and unfair termination?
This distinction matters a great deal in North Carolina. An unfair termination is one that feels unjust you were let go for reasons that seem petty, untrue, or poorly handled. An unfair termination is not necessarily illegal. A wrongful termination is one that violates a specific law or legal protection such as being fired because of your race, being let go after filing a workers’ compensation claim, or being terminated in breach of an employment contract. Only wrongful terminations are legally actionable. If you are unsure which category your situation falls into, speaking with an employment attorney is the fastest way to find out.
What should I do first if I think I’m being discriminated against at work?
Document everything. Write down what happened, when it happened, who was involved, and who witnessed it. Preserve any relevant emails, messages, or documents. Report the conduct internally to your supervisor, HR department, or whoever your company designates for such complaints. Keep a record of that report and any response. Then contact an employment attorney as soon as possible. Acting quickly matters because the deadline to file a charge with the EEOC is 180 days from the discriminatory act a clock that starts running whether or not you have taken internal steps.
Does filing an EEOC complaint stop my deadline to file a lawsuit?
Not automatically. Filing a charge with the EEOC does not pause or toll the statute of limitations on a private civil lawsuit under North Carolina or federal law. Once the EEOC issues a right-to-sue letter, you typically have 90 days to file a lawsuit in federal court. For wage and hour claims under the FLSA, the statute of limitations continues to run while an EEOC charge is pending, which is why this page advises assuming a two-year not three-year deadline. An attorney can help you understand how the deadlines interact for your specific claim.
How do I know if my employer has enough employees for the law to apply to me?
This depends on which law is at issue. Title VII, the ADA, the Pregnancy Discrimination Act, and the NC Equal Employment Practices Act require employers to have at least 15 employees. The ADEA (age discrimination) requires at least 20 employees. The FMLA requires at least 50 employees within 75 miles of your worksite. The FLSA (federal minimum wage and overtime) applies to employers with annual revenues of $500,000 or more, or those engaged in interstate commerce which covers most businesses. North Carolina wage and hour laws apply regardless of employer size. If you are unsure whether your employer meets the threshold for a particular law, an employment attorney can clarify this quickly.
What if I was an independent contractor — do employment laws protect me?
It depends on whether your classification as an independent contractor is accurate under the law. Many workers are misclassified as independent contractors when their actual working relationship with the employer meets the legal definition of an employee. Misclassification is one of the most common ways employers avoid paying overtime, unemployment insurance, and benefits. If you were classified as an independent contractor but worked under conditions typical of an employee set hours, employer-provided tools, no ability to work for others you may actually be entitled to employee protections. Our attorneys handle independent contractor misclassification cases.
We Can Help You.
Please complete our Employment Law Questionnaire.