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State Personnel Cases
Administrative Cases
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State Personnel Cases

Visit the For State Employees page for information about State Personnel cases.

Administrative Cases

Dealing with government agencies is a fact of life in almost any business today. We can help you navigate the often difficult and confusing process of resolving a dispute with a government agency, often through the administrative hearing process.

Administrative hearings are set up to resolve your disputes with North Carolina agencies. It’s that simple – but, paradoxically, it’s also that complicated. It’s not just a matter of appearing before an Administrative Law Judge and telling your side of the story. Administrative hearings are legal proceedings – trials of a sort – with their own pre-trial and trial process and procedure. Miss the right rule at that right time, and your cause could fail on a technicality.

If you have a problem with or are facing action by a government agency – DHHS, DNR, or a Federal agency – give us a call. We’ll help you every step of the way.

Employment Cases: For Workers and Management

It’s no secret that workplace litigation has grown by leaps and bounds in the past couple of decades. If you’re an employer, you’re busy helping your business grow – and sometimes complying with the law can be difficult and confusing. On the other hand, growth of “temporary permanent” positions, outsourcing, and pervasive problems of wage and hour violations and wrongful terminations create new challenges for employees as well.

Most employers and employees have a vague notion that North Carolina is what’s called an “employment at will” state – that either party can end the employment at any time, for any reason, or for no reason, unless there’s a specific term of employment or public or union employment is involved. And that’s true – but it’s not the whole story.

In the past several years, there’s been a growing number of so-called “public policy wrongful discharge” cases in North Carolina. This means, if you’re an employee, that you can make a legal claim against your employer is you are fired for a reason contrary to the “public policy” of North Carolina. If you’re an employer, it creates potential liability if you terminate someone under those circumstances – whether an “at will” employee or otherwise.

In addition to state laws, there’s an ever-growing number of cases brought under “EEOC” charges – Title VII (race, sex, and religious discrimination), the Americans With Disabilities Act, the Family and Medical Leave Act, and more. Every one of these laws has enforcement mechanisms by both the EEOC – the United States Equal Employment Opportunity Commission – and private litigants, in state or federal court.

If you are an employee, you should know your rights under these laws. And the easiest way to do that is, when in doubt, call us to set up a consultation. On spending a $125.00 consultation fee – your sole obligation on a first appointment – you will leave knowing whether you have a claim under the law, and the process needed to prosecute that claim.

If you’re an employer, the key is knowledge, prevention, and planning for compliance and rights issues. Knowing the rules now, and having a framework for dealing with them, can head off trouble before it really gets started.

Either way, an ounce of prevention is usually worth a pound of cure. But if things go to court, we’ll be right there with you – we don’t “bail out” in favor of a litigation firm when things get tough, because we are a litigation firm, and have handled employment matters in state court, federal court, and the North Carolina higher courts.

Thanks for visiting, and we’re always available to answer your questions by telephone—919-274-9020—or email if you have questions.

 

 

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© 2005 Michael C. Byrne, Attorney at Law
Not offered as official legal advice