Latest Cases

Listed below are but a few accomplishments Smith Law Firm, P.C., was able to achieve for its clients in the recent past in the areas of employment law, labor law, and North Carolina workers compensation law.

For Employers:

  • COVID-19

The Smith Law Firm has been providing counsel to Employers on the benefits available under the Families First Coronavirus Response Act.  Additionally, the Firm has drafted policies and procedures for their clients to help ensure the safety of their employees and the success of their business during this unprecedented time.

  • NLRB Dismissal

The firm was successful in getting the NLRB to dismiss an unfair labor charge stemming from problems for a client due to the unrest in Charlotte following a police shooting.

  • Labor Arbitration

Mr. Smith was successful in a labor arbitration in upholding the dismissal of a bus operator who struck a patron. 

The firm was recently successful in arbitrating the termination of an employee who violated the confidentiality provision of a Last Chance Agreement.

  • EEOC Charges

Smith Law Firm, P.C., was successful in obtaining dismissals of numerous charges brought before the EEOC alleging age, sex, and race discrimination, including the representation of a regional law firm, an engineering firm, and a NASCAR team.  

  • Department of Labor 

Mr. Smith negotiated with the Department of Labor to significantly reduce the amount initially sought it owed back wages by 75%.

Ms. Hilker recently assisted a local non-profit in responding to a Department of Labor investigation and secured a complete waiver of punitive damages due to a misclassification of its employees. 

  • Industrial Commission

Attorney Hilker successfully negotiated a penalty a down from $18,000.00 to $308.27. 

  • Employer Advising

Mr. Smith advised a commercial painting contractor client on the implications of a recent NLRB decision concerning joint employers. 

  • Company Handbook and Policies

Mr. Smith counseled and assisted in the drafting of the employee handbook and policy manual for a company that owns numerous automotive dealerships in North and South Carolina and a company that has a national operation for the installation and monitoring of computer systems. 

  •  Workers’ Compensation

The Smith Law firm successfully defended a claim by an employee who claimed because he received an underpayment in his disability amount, the two year period to seek additional treatment had not run because there had not been a “last payment.” The Court of Appeals held for Smith Law Firm’s client. Lewis v. Transit Management of Charlotte, Inc. 

  • Unemployment Benefits 

Elizabeth conducted a seminar for a client on how to best prevent a finding that an employee who has been released from employment is qualified for unemployment benefits. In the same vein, she successfully defended claims for employers over the last few months. 

For Employees:

  • Unemployment Benefits

Ms. Hilker has recently been extremely successful in obtaining and/or maintaining unemployment benefits for individuals who have been terminated or laid off. 

  • Consultation / Negotiation

Mr. Smith provided advice and counsel to numerous employees of a major home improvement company upon a reduction in force.

Elizabeth successfully guided an independent truck driver through a dispute with his company.

  • Arbitration

Smith Law Firm was successful in obtaining a favorable ruling on behalf of a private flight services attendant in the arbitration of a contract which contained a covenant not to compete.

  • Workers’ Compensation

Mr. Smith convinced a worker’s compensation carrier to instate temporary total disability benefits for an employee of a major company who had injured his back when his claim was initially denied due to inaccurate information provided by his supervisor as an attempt to not have a reportable injury on his record.

  • Sexual Harassment/Workers’ Compensation

Mr. Smith was able to obtain a settlement on behalf of an employee who was assaulted by a superior and had both a workers’ compensation claim and a claim of sexual harassment.

  • Wrongful Termination

Elizabeth and Mr. Smith helped an employee who was terminated against public policy in negotiating a successful settlement with their former employer.

Similarly, Elizabeth and Mr. Smith helped an employee who had been terminated in breach of their employment contract negotiate a successful settlement with their former employer.