Asheville Wrongful Discharge Attorney
Representing Employees Wrongfully Terminated
The attorneys at The Law Offices of Glen C. Shults are experienced in asserting and protecting the rights of employees who are wrongfully discharged from their jobs. They have extensive experience with counseling and litigating on behalf of employees under federal and state employment laws relating to wrongful discharge. They have represented many employees in western North Carolina and eastern Tennessee in wrongful termination cases.
The Rights Employees Have Against Wrongful Discharge
Although North Carolina and Tennessee are “at-will” employment states, employees nevertheless have rights under federal and state laws protecting them against wrongful termination. These laws include:
- Title VII of the Civil Rights Act of 1964 (Title VII) – Title VII is the federal law that makes it illegal for an employer to discriminate against employees because of their race, color, religion, sex or national origin.
- Age Discrimination in Employment Act (ADEA) – The ADEA makes it illegal to discriminate against employees because of their age.
- Americans with Disabilities Act (ADA) – The ADA prohibits discrimination against employees because of disability.
- Fair Labor Standards Act (FLSA) – The FLSA prohibits retaliation against employees for asserting their rights under the federal wage and hour laws.
- Family and Medical Leave Act (FMLA) – The FMLA prohibits the discriminatory discharge of employees for asserting their rights to take family and medical leave.
- Retaliatory Employment Discrimination Act (REDA) – The REDA is a North Carolina statute prohibiting the termination of employees for a number of protected activities, including the filing of workers’ compensation claims, filing an occupational health and safety complaint, and raising wage and hour issues under state law.
- State Personnel Act (SPA) – The North Carolina SPA protects employees of the state of North Carolina from termination without just cause, and for discriminatory reasons.
- Tennessee Human Rights Act (THRA) – The THRA protects employees in Tennessee from discrimination based upon race, creed, color, religion, sex, age or national origin. Its protection extends to employers exempt by their size from Title VII.
These are only a few of the statutes that protect employees from illegal terminations. In addition, the North Carolina and Tennessee courts have found that employees may bring wrongful discharge claims when their terminations violate the “public policy” of the law.
When employers are in violation of these laws, the firm pursues claims on behalf of the discharged employees. Damages can include compensation for back pay, front pay, lost benefits, and depending upon the circumstances, emotion distress damages and punitive damages. Reinstatement is a possible outcome as well.