Employment Disputes

During the months of August and September 2017, Abernethy Law is offering a FREE initial consultation to new clients with employment disputes who sign up for our newsletter.  To sign up for your FREE consultation, please fill out the following contact form:

Abernethy Law represents employees in disputes with their employers regarding discrimination, harassment, payment practices and employee benefits.

If you have suffered an adverse employment action and believe your rights have been violated, you should talk to an experienced employment attorney immediately.  Most employment discrimination statutes have very short limitations periods or require you to file with the Equal Employment Opportunity Commission, Department of Labor or other State or Federal agency within a short period of time.  If you wait too long to assert your rights, you may lose them.

Contact us today to arrange a consultation appointment if you have an employment matter involving:

Discrimination

Whether you have been discriminated against in terms of compensation, failure to hire, failure to promote, or other terms, conditions or privileges of your employment, Abernethy Law can help you better understand your rights and legal options.

Abernethy Law can assist clients with claims arising under a variety of federal anti-discrimination statutes, including:

  • Title VII (gender, race, religion, national origin)
  • Section 1981 of the Civil Rights Act of 1964 (race discrimination)
  • Age Discrimination in Employment Act (“ADEA”)
  • Americans with Disabilities Act (“ADA”)
  • Family Medical Leave Act (“FMLA”)

Kathryn Abernethy assists clients at all stages of employment discrimination matters, including at the EEOC charge stage, in litigation and in arbitration.

Sexual Harassment/ Racial Harassment

Sexual and racial harassment are prohibited under Title VII when the harassment is so severe and pervasive that it changes the terms, conditions or privileges of employment.  Kathryn Abernethy can help you determine whether the harassment you’ve experienced satisfies the legal standards for asserting a claim for sexual harassment or racial harassment, and whether your employer can be held liable for a hostile environment at work.

Additionally, Ms. Abernethy can assist clients with filing State claims for Intentional Infliction of Emotional Distress and Negligent Infliction of Emotional Distress when they have been subjected to sexual harassment so offensive and upsetting that it has caused the victim to develop a diagnosable physical or mental health condition.

Retaliation

Title VII and other anti-discrimination statutes prohibit an employer from retaliating against an employee who raises complaints about discrimination in the workplace.  There are numerous adverse employment actions that are considered “retaliation” and entitle a victim to relief, including:

  • Termination of employment
  • Demotion
  • Reassignment
  • Harassment
  • Refusal to promote
  • Decreasing compensation
  • Refusal to train

Further anti-retaliation laws do not stop at merely protecting the person who complained that they were subjected to discrimination or harassment.  If you’ve suffered retaliation because you supported another employee in engaging in protected activity, you can also assert a claim for retaliation.

Wrongful Termination

Wrongful termination occurs if you are dismissed from your employment because:

  • The employer desires to replace you with a worker of a different race, gender, age, or a person who does not have a disability;
  • In retaliation for your engagement in protected activity;
  • You filed a workers’ compensation claim;
  • You reported an unsafe condition under the North Carolina Occupational Safety & Health Act; or
  • You reported a violation of the North Carolina Wage & Hour Act.

Remedies for wrongful termination can include reinstatement, backpay, front pay, liquidated and compensatory damages.

Wage & Hour Claims

The Fair Labor Standards Act and the North Carolina Wage & Hour Act require employers to pay their employees a minimum wage, to pay overtime wages to non-exempt employees, and to pay certain other benefits when an employee departs, such as accrued but unpaid vacation and sick time.  If you have not been paid compensation due to you for your work, Abernethy Law can help you recover earned compensation from your employer.