Labor & Employment Law

Employees

Do you feel you have been discriminated against?
Civil rights entitle people to basic freedoms, including the right to be free from discrimination. Employment discrimination occurs when basic workplace rights are denied because of race, age, sex, religion, nationality, sexual preference or physical limitations. Mr. Smith will investigate discrimination allegations and help gather the evidence required to prove the claim. He also will advise on the appropriate course of action, including whether litigation is a viable option.
 
Mr. Smith has helped right wrongs committed by employers. He is well-versed in the constitutional issues and intricate state and federal laws that relate to how government and private employers must treat prospective, current and former employees, including Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act [ADEA], the Americans With Disabilities Act [ADA], Family and Medical Leave Act [FMLA], the Equal Pay Act and North Carolina statutes that parallel the federal acts.

Are you being downsized and need help with a severance package?
Mr. Smith will review any offered severance package to ensure the terms are clear, fair and within the law. He also will explain the offer and ensure you understand your rights. Mr. Smith also has helped negotiate fair severance packages for workers for decades and can put that experience to work on your behalf.

Mr. Smith makes certain any severance or termination package protects your rights. Often, severance packages come with waivers. Mr. Smith can help you determine whether the rights you are giving up are worth the money being offered in the package.

Have you been asked to sign a non-competition agreement?
Non-competition agreements, also known as “covenants not to compete” and “restrictive covenants,” restrict an employee, after leaving his or her current employer, from obtaining certain types of employment within a specified duration and geographic area. Mr. Smith regularly reviews non-competition agreements and can help employees negotiate more favorable terms.

Are you changing jobs and need advice on your non-compete before you move?
If you already have signed a non-competition agreement, Mr. Smith can assess its enforceability and advise whether a prospective job will violate the agreement. If a loophole exists, Mr. Smith will find it and guide you in using it to your advantage. Mr. Smith also has experience arbitrating and litigating when disputes arise over non-competition agreements.

Has your employer just handed you a contract and you need it reviewed?
Mr. Smith regularly reviews all aspects of workplace contracts. He will explain the terms and how they impact you and your job. He may offer suggested language revisions that will better protect your rights. He will even negotiate a contract on your behalf.

Do you feel you have been unfairly paid?
Employers are required to pay employees for all wages due in return for labor or services rendered. Mr. Smith represents workers in wage disputes, including claims for unpaid commissions, bonuses, overtime pay, vacation, paid time off, travel time, comp time and payroll deductions.