Attorney Charlotte NC

Discrimination Complaints Charlotte NC

2009-12-16T10:45:00.000-08:00

Legal Process for Discrimination Complaints in Charlotte, NC

It is Wise to Hire a Discrimination Attorney

Recently, employee discrimination cases have been on the rise within both small and large businesses in Charlotte, NC. Many people feel overwhelmed, and don't know how to file a discrimination complaint against their employer. The Equal Employment Opportunity Commission (EEOC) was initially established to enforce Title VII of The Civil Rights Act of 1964 and prevent employee discrimination (Bennett-Alexander & Hartman, 2007). The process for filing a discrimination suit in Charlotte, NC is similar to other places, and typically starts with the EEOC, though finding a Charlotte, NC Discrimination Attorney early in the process is helpful. The EEOC “prohibits discrimination in hiring, firing, training, promotion, discipline, or other workplace decisions on the basis of an employee or applicant’s race, color, gender, national origin, or religion” (Bennett-Alexander & Hartman, 2007). Once an individual decides to file a discrimination complaint in Charlotte, NC, the tedious and lengthy process begins for both the employee and employer. We will use a sample person, John, to help you understand this process. John is an employee in a private sector organization, has decided to file a discrimination complaint in Charlotte, NC against his employer. In order to ensure John and his employer take the required action, the complaint and civil litigation processes will be followed by each.

File a Discrimination Complaint with the EEOC

The first step John must take is to file a complaint with the EEOC “within 180 days from the alleged violation” (Equal Employment Opportunity Commission [EEOC], 2007). Moreover, the two benefits to filing the complaint are, one, it will be documented, and two, it will then be the responsibility of the EEOC to resolve. A critical role for employers is “ensure that their policies and procedures are legal, fair, and consistently applied” (Bennett-Alexander & Hartman, 2007, 81/2). If your employer has not done that, you should contact the EEOC or have an Attorney in Charlotte, NC to help you with this process. From my understanding, many attorneys will agree to take a portion of your earnings instead of an up-front fee if you have a strong case. After John files a complaint with the EEOC because of discrimination in the Charlotte, NC workplace, the employer is issued a notification.

Once the private sector employer is notified of the complaint, the employer should review the policies and procedures to make sure they are legal, fair, and consistently applied. One of the disadvantages the employer faces is, if the employee files with a 706 agency; instead of 180 days to file the complaint, the employee has 300 days. The 706 agency is “a state agency that handles EEOC claims on the basis of a work-sharing agreement with the EEOC” (Bennett-Alexander & Hartman, 2007, 82/2). The duty of the EEOC is to notify the employer of the complaint within 10 days; however, the employer does have a right to try to prove that they consistently apply policies to all employees.

Attempt to Resolve the Discrimination complaint with Mediation

Typically, mediation is the first attempted resolution method by the employer and EEOC. In fact, “private sector employment discrimination claims are referred back to participating employers for mediation by the employer’s own mediation program to see if they can be resolved without going any further” (Bennett-Alexander & Hartman, 2007, 83/2). The first step is to determine if the discrimination complaint against a business in Charlotte, NC is acceptable for mediation and to find out if both parties are willing to mediate. Once both parties have agreed to mediate, if the form is returned within10 days, the business and employee have 60-days to mediate internally. If the discrimination complaint is being mediated by an external party, the mediation process may last up to 45 day. The goal in mediation is to avoid court costs and potential defamation of the employee or employer. If successful, the settlement agreement is legally binding and the details of the mediation are restricted from being discussed by any participant (Bennett-Alexander & Hartman, 82/2). Even if your first option is to mediate your discrimination complaint in Charlotte, NC, you may find that you have more success when you have an attorney with you during the negotiation process

The EEOC usually attempts to verify Discrimination Charges with an Investigator

In a case that involves a violation of Title VII, an attempt to resolve the matter with an EEO Investigator will be made. If both parties fail to reach an agreement, the EEOC can “file a civil action in federal district court” (Bennett-Alexander & Hartman, 85/2). If the decision is not favorable to the employee, it can take the case to the Court of Appeals as well as the U.S. Supreme Court in some extreme cases. The Supreme Court has the opportunity to make the final ruling on the case (if it decides to accept the case, though it is EXTREMELY RARE that a case will ever make it that far). One recommendation for the employer is to enact a “mandatory arbitration agreement that an employee signs requiring any workplace disputes be arbitrated rather than litigated” (Bennett-Alexander & Hartman, 85/2). If the employee is successful, “compensatory and punitive damages also may be available where intentional discrimination is found” (Equal Employment Opportunity Commission [EEOC], 2007).

Judgment on Discrimination Case for Charlotte NC

Although the responsibility to handle each complaint filed falls upon the EEOC, not every complaint is legitimate, and it is the responsibility of the EEOC to determine which workplace discrimination claims are valid, and which are not. Therefore “a charge may be dismissed at any point if, in the agency’s best judgment, further investigation will not establish a violation of the law” (EEOC, 2007). The process complaint and civil litigation processes are time-consuming and require effort from both parties to complete. Even though there are many rules and regulations for the civil litigation and discrimination complaint processes in North Carolina, it is imperative that each one be followed in order for a fair judgment or settlement to be determined.

References
Bennett-Alexander, D., & Hartman, L. (2007). Employment law for business (5th ed.). New York: McGraw-Hill/Irwin.
Equal Employment Opportunity Commission (2003, August 13). EEOC's Charge processing procedures. Retrieved July 9, 2008, from http://www.eeoc.gov/charge/overview_charge_processing.html
Equal Employment Opportunity Commission (2007, December 20). Filing a charge of employment discrimination. Retrieved July 9, 2008, from http://www.eeoc.gov/charge/overview_charge_filing.html

Charlotte NC Discrimination Attorney

2009-12-16T10:09:00.000-08:00

Legal Considerations & Ethical Considerations in the Charlotte, NC Workplace

There are various legal and ethical considerations that need to be made when an employer thinks about implementing employee testing policies in Charlotte, NC. Firstly, the employer should seek legal advice from a Charlotte North Carolina Attorney to ensure that the proposed policy or policies will not violate any employment laws; each state has their own regulations depending on the need and demographics of that state. The present day workforce includes a diverse working environment that brings together employees of different cultures, and genders; along with employees taking on non-traditional workplace roles. Furthermore, implementing a written employee testing policy with the purpose of outlining why, when, and how the policy or policies will be executed is critical to every employer’s success.

Drug Testing

According to North Carolina law, employers are not legally obligated to perform drug testing, but the employer does have the right to carry out the testing (NC Labor, 2004). However, drug testing is mandatory for contractors and grantees of federal agencies which are declared in the Drug-Free Workplace Act of 1988 (Moeckel, J, 2008). Drug testing in a Charlotte, NC business can be administered under the following conditions:
I. An employee(s) will need to complete a pre-employment drug test as a preliminary qualification; once employed, drug testing can be conducted randomly, with reasonable suspicion, and post-accident instances.
II. Companies can implement a zero tolerance rule for employees found in possession, storage or use any illegal narcotic on the premises.
III. Many companies can administer monthly mandatory testing for employees (this is common for drivers, and heavy equipment operators).

Height and Weight Testing

Height and weight testing will be provided for the applicable job classification(s). If you believe that an employer in Charlotte, NC is unreasonably requesting this information, you should consult the advice of a Charlotte, NC Attorney. An example of legal height and weight testing would be when Male and female employers, and canidates will need to successfully past all sections of the exam for consideration of employment or promotion. Requirements are Job Specific and applicable to one’s ability to perform in the desired job position; male and female applicants should be tested and graded equally.

An example of general requirements in a job at a delivery company could be as follows:

I. Minimum Height 5feet 1inches - Maximum Height 6 feet 4 inches.
II. Minimum Weight 125 pounds - Maximum Weight 350 pounds.
III. Ability to lift 50 pounds.

Personality and Aptitude testing

Most employers reserve the right to administer personality and aptitude testing for all employees receiving/pursuing promotions. These legal testing methods may come in the form of interviews, written exams, or interaction and observation.

If you believe that any of the testing that you experienced was out of line, you may be right. Contact an attorney in Charlotte, NC and ask for a free phone consultation to get a better evaluation of your legal rights.

References
Moeckel, Jennifer. (2008). Drug and alcohol policies and testing. Retreived
September 21, 2009 from http://www.dmb.com
NC Labor. (2004). Frequently asked questions. Retrieved September 21, 2009 from
http://www.nclabor.com

Charlotte Attorneys | Attorneys in Charlotte, NC

2009-10-13T07:52:00.000-07:00

Hire an Attorney - You'll likely leave with MORE!

Though people are permitted to represent themselves in court, corporations must hire an attorney. Any LLC, Inc, Corporation, etc. must hire an attorney to represent the company in a court of law. The thinking behind this is that individuals may represent themselves in a court of law. Since a corporation is its own entity, and as we know corporations without people have no voice, an attorney must represent the corporation. In Charlotte, NC, attorneys who practice corporate law are commonly called corporate attorneys or corporation & partnership law attorneys. Industries, like the construction industry, that experience an elevated amount of law suits, may be able to locate attorneys in Charlotte, NC devoted to construction law. Sole proprietors, unlike corporations, may represent themselves in court. Still, remaining a sole proprietor for legal purposes is not a wise decision. Sole proprietors have much less protection of their personal assets from lawsuits. Even individuals who do not own a business are wise to consult with an attorney. In Charlotte, NC, attorneys are usually able to settle for significantly more than individuals who represent themselves are. Even though a percentage is paid to your Charlotte NC attorney, you’ll likely walk away with a large amount more than if you tried to represent yourself.

Attorney | Charlotte, NC

2009-10-07T16:48:00.000-07:00

Find an Attorney in Charlotte NC

Most attorneys in Charlotte, NC will offer a free initial phone consultation to gain an understanding of your needs and case. Other Charlotte attorneys will request that you fill out a case review form, and the attorney will review your case at no charge before making a decision on the strength of your case. In other circumstances, a discrimination attorney in Charlotte, NC may accept your discrimination case without reservation when you present a right to sue letter from the EEOC. Charlotte attorneys may charge consultation fees, however, when they serve as a mediator for divorces in Charlotte, NC and Child Custody cases in the area.

What many clients do not know is that they can ask for attorneys in Charlotte NC to waive certain fees, like the initial consultation or specific filing fees. If your attorney believes you have a strong case, he may be willing to work with you financially. Charlotte NC personal injury attorneys may also accept a strong case with the promise of a percentage of the settlement or winnings as payment. Just like other services, attorney fees are negotiable. Feel free to call more than one attorney to be sure you are getting the best value. Ask the firms you call about the percentage of settled cases and positive outcomes against unfavorable decisions. Remember, you will often get the type of attorney that you pay for. Charlotte Attorneys are not all the same, so make sure you research law firms in the area before making a decision about whom you have represent you. Many of our Partners would love to schedule a free consultation with you today!

Find an Attorney in Charlotte, NC

2009-10-07T12:07:00.000-07:00

Attorney in Charlotte NC

An attorney at law (or attorney at law) in Charlotte, NC is someone who is legally qualified to represent another in court, whether the responsibility is to prosecute or defend actions for a client. If you are looking for a person to represent your North Carolina case, you need an attorney who has passed the North Carolina Bar. In the same way, it helps to find an attorney from your city or surrounding area that will have helpful contacts in the court system. Some attorneys in Charlotte, NC form relationships with judges, and are able to talk frankly about cases in order to find a reasonable accommodation. A Charlotte NC attorney will also be more likely to understand the culture of local jurors. Another thing to consider when looking for a North Carolina Attorney is the amount of time the attorney has been practicing law.

Attorney Charlotte NC

2009-10-06T11:04:00.000-07:00

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