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Employment Law

Our Employment Law attorneys provide practical legal advice and optimal solutions to employers, employees and other service providers regarding Employment Law. The vast area of Employment Law consists of thousands of Federal and State statutes, tax codes, administrative regulations, and judicial decisions.

Many Employment Laws such as minimum wage and unemployment compensation provide certain legal protections for employees. Likewise, Employment Laws such as covenants not to compete (non-compete agreements) and non-solicitation agreements provide certain legal protections to businesses and their owners. Let our team of experienced employment Employment Law attorneys help you protect yourself, your business and capital investment.

Owners, managers, human resources executives, employees and service providers need an experienced Employment Law advisor that can see the entire situation, both from a legal and a business perspective. We are happy to be that Employment Law advisor to provide you with practical and optimal Employment Law solutions so that you can focus on your business.

Common types of Employment Law services that we provide include:
  • Hiring Policies and Procedures
  • Non-Compete Agreements
  • Non-Solicitation Agreements
  • Confidentiality Agreements
  • Employment Law Contracts
  • Employee Incentives and Compensation
  • Employment Policies and Procedures
  • Employee Handbooks
  • Employment “Best Practices”
  • Employee Termination Issues
  • Severance Agreements
Non-Compete Agreements

Generally, businesses have the right to protect confidential business information and limit an employee’s right to compete against the employer. However, the restrictions on an employee cannot be greater than necessary to protect the employer’s legitimate business interest.

North Carolina and South Carolina courts may recognize non-compete agreements as valid enforceable agreements, only if the restrictions are (i) in writing, (ii) based on valuable consideration, (iii) reasonable as to time and territory, (iv) made a part of the employment contract, and (v) not wider than necessary to protect a legitimate business interest. Although non-compete agreements are enforceable, they are subject to strict judicial scrutiny intended to balance the needs of employee and the needs of the employer. A non-compete agreement will be enforceable if the restrictions are not greater in scope than necessary to protect your legitimate business interests.

For businesses and their owners, valid enforceable employee contracts such as non-compete agreements and non-solicitation agreements are invaluable legal tools.

Employment-at-Will

North Carolina and South Carolina are “employment-at-will” states. The term “employment-at-will” means that unless an employee is protected by a specific law or a valid enforceable employment contract, then an employer can discharge an employee for any reason or no reason. The most commonly protected categories under Employment Law are those that protect an employee’s civil rights based on age, race, sex, religion, national origin, color, disability, or pregnancy. Employees are protected under the Family and Medical Leave Act (FMLA), as well as the Retaliatory Employment Discrimination Act (REDA). Under REDA, employees are protected against retaliation by an employer when an employee engages in activities protected under the Occupational Safety and Health Act (OSHA), the North Carolina Wage and Hour Act, South Carolina Labor and Employment Laws, Workers Compensation Act, or is participating in the National Guard, or participating in the juvenile court system concerning the employee’s child.

Useful Employment Law Related Links:
  • Equal Employment Opportunity Commission
  • NC Department of Labor
  • NC Division of Employment Security – Unemployment Insurance
  • NC Department of Health and Human Services
  • North Carolina Industrial Commission – Workers’ Compensation
  • Social Security Administration
  • SC Department of Labor
  • SC Division of Employment Security – Unemployment Insurance
  • SC Department of Health and Human Services
  • South Carolina Industrial Commission – Worker’s Compensation
  • US Department of Labor
  • US Department of Labor Wage and Hour Division
  • US Small Business Administration

The Employment Law attorneys at Danica Little Law, PLLC serve clients in Charlotte, Southpark, Ballantyne, Waxhaw, Huntersville, Lake Norman, Mooresville, Concord, Gastonia, Belmont and other areas in Mecklenburg County, Union County, Cabarrus County, Iredell County, Gaston County, and in North Carolina and South Carolina.

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