Employment Law Blogs | Barrett & Farahany

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right to discuss pay
02Oct

What is the NLRA and Your Right to Discuss Pay and Working Conditions?

The NLRA: Your Right to Discuss Pay and Working Conditions Quick answer: The National Labor Relations Act (NLRA) is a federal law...

severance packages
30Sep

My Coworkers and I Were All Given Severance Packages What Should We Do Before We Sign?

Raleigh, North Carolina employment attorney Kathryn Abernethy helps explain what you should do if you and your coworkers are presented with severance...

DEI programs
29Sep

Are DEI Programs Still Legal?

Quick answer: DEI programs are not entirely illegal, but their legality depends heavily on program structure and sector. Programs using race-, gender-,...

bad to illegal
23Sep

When Does My Situation at Work Go From Bad to Illegal?

A hostile work environment isn't always illegal. It might be awful and a horrible place to work, but not illegal. North Carolina...

sarbanes-oxley
16Sep

What Remedies Can a Successful Sarbanes-Oxley Claim Recover?

Sarbanes-Oxley (Sox) cases can be very complicated, but very beneficial to executives. North Carolina attorney Kathryn Abernethy explains what a person can...

racial harassment
10Sep

What’s the Legal Difference Between Racial Harassment and Racial Discrimination?

Racial Harassment vs. Racial Discrimination: The Legal Difference Quick answer: Racial discrimination is an adverse employment decision based on race, such as...

sarbanes-oxley retaliation
09Sep

Is There a Burden of Proof in a Sarbanes-Oxley Retaliation Case?

Sarbanes-Oxley can be complicated, but North Carolina retaliation attorney Kathryn Abernethy explains what if anything needs to be proven in a case....

Firing AI
07Sep

AI in Firing: Can an Algorithm Discriminate?

Quick answer: Yes, a firing algorithm can discriminate. Automated performance tracking systems can penalize protected groups, including workers with disabilities or those...

whistleblower
01Sep

What Steps Should a Whistleblower Take Before Taking Any Action?

Sometimes it's more important what you do before blowing the whistle than after. North Carolina whistleblower attorney Kathryn Abernethy talks about what...

Georgia Whistleblower Act
31Aug

What is the Georgia Whistleblower Act?

Quick answer: The Georgia Whistleblower Act (O.C.G.A. § 45-1-4) protects public sector employees from workplace retaliation after reporting fraud, waste, abuse, or...

Sarbanes-Oxley
26Aug

Who Does Sarbanes-Oxley Support And How Does It Work?

Sarbanes-Oxley is a federal law that has been helping employees protect themselves from retaliation for decades. How does it protect them? North...

employment misclassification
25Aug

How to Tell If You’re Misclassified by Your Employer

5 Signs Your Employer Misclassified You as an Independent Contractor Quick answer: You may be misclassified as an independent contractor if your...

LGBTQ employees
17Aug

Do LGBTQ Employees Have Any Protections in North Carolina

LGBTQ employees do not have any extra protections in North Carolina. What are their options? Employment attorney Kathryn Abernethy explains what options...

common workplace issues
14Aug

The Most Common Workplace Issues in Georgia and How to Address Them

Common Georgia Workplace Issues and How to Fix Them Quick answer: The most common Georgia workplace issues include worker misclassification, wage and...

North Carolina Equal Employment Practices Act
12Aug

How Does North Carolina Equal Employment Practices Act Work with Federal Anti Discrimination Law?

The North Carolina Equal Employment Practices Act is not the best statute to help employees. Federal laws can be better for wrongful...

sexual harassment
11Aug

Can Comments, Jokes, or Text Messages Count as Workplace Sexual Harassment?

Can Comments, Jokes, or Texts Count as Sexual Harassment? TL;DR: Yes, comments, jokes, and text messages can all constitute workplace sexual harassment...

employment at-will
05Aug

Is North Carolina an Employment At-Will State?

North Carolina employment law attorney Kathryn Abernethy discusses whether North Carolina is an employment at-will state. The short answer is, yes it...

Workplace AI
04Aug

The Impact of Artificial Intelligence on Workplace Discrimination

The Impact of Artificial Intelligence on Workplace Discrimination TL;DR: Workplace artificial intelligence can streamline hiring and performance management, but it also risks...

reda
29Jul

What Is REDA And How Does It Help Employees?

The North Carolina Retaliatory Employment Discrimination Act, or REDA, protects North Carolina employees from retaliation by their employers. North Carolina employment attorney,...

charlie to
23Jul

A Life That Touched So Many: Charlie To

Some people leave accomplishments. Some leave memories. Charlie left behind something even greater—people whose lives are better because they had the privilege of knowing...

employment law
23Jul

What Is Constructive Discharge in Employment Law?

What Is Constructive Discharge in Employment Law? Quick answer: Constructive discharge happens when an employer deliberately creates working conditions so intolerable that...

retaliation
22Jul

What Kind of Retaliation is Legally Covered?

Retaliation is more complicated than your boss not liking you and firing you over something you said. Each state is different, and...

gender discrimination
16Jul

The Negative Effects of Gender Discrimination

According to a poll conducted by TNS Research Surveys, 68% of women in America say they believe gender discrimination is something that happens in the workplace. Despite the passage of the Civil Rights Act and the Equal Pay Act more than 50 years ago, millions of women across the country still fe…

whistleblower retaliation
15Jul

Are There Common Industries in North Carolina Where You See the Most Whistleblower Retaliation?

Is there an industry that has more whistleblower retaliation than all the rest? North Carolina whistleblower attorney, Kathryn Abernethy, talks about the...

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