How Thurgood provides non-attorney representation for employment claims in North Carolina in accordance with state and federal statutes without engaging in the unauthorized practice of law.
Employee Advocacy & Representation
Thurgood is dedicated to helping North Carolina employees seek justice for wrongful terminations and other workplace damages caused by discrimination, disability violations, whistleblowing, and wage & hour violations. Our employee advocates help clients achieve settlements outside of the civil court system by utilizing administrative options offered by state and federal agencies to achieve results without the need for an attorney.
We act as an agent in private negotiations between our clients and their employers, and our authority to represent clients in administrative procedures is codified in the U.S. Administrative Procedure Act (APA) 5 U.S.C. § 555(b) and the rules of the EEOC and OSHA.
Our Process
Upon signing a retainer, Thurgood’s process is similar to that of a traditional employment law firm:
First, we send a letter to the client’s employer to inform them of the intent to file charges and offer an opportunity to settle the matter privately.
Next, we sit with the client to draft a timeline of events and gather the associated documentation.
Then, we communicate the client’s story to the employer and make every effort to settle the matter privately.
Meanwhile, we convert the timeline and documents into formal charge documents and an evidence packet.
If both sides agree on settlement terms, we facilitate the signing of an agreement and transfer of funds.
If the parties are unable to reach a private agreement, we move forward to file charges on behalf of the client and represent them throughout the process.
Discrimination Claims: U.S. Equal Employment Opportunity Commission (EEOC)
The North Carolina Retaliatory Employment Discrimination Act (REDA) does not include protections for discrimination. As such, Thurgood files charges on the basis of race, sex, pregnancy, disability or medical condition, age (40+), religion, and national origin with the EEOC. Claims may be filed with the department within 180 days of the date of the alleged violation.
NC residents working remotely for a company in another state may elect to file in that state, if permitted.
Whistleblower Claims: U.S. Occupational Safety & Health Organization (OSHA)
The North Carolina Retaliatory Employment Discrimination Bureau (REDB) covers a limited set of violations. As such, Thurgood files charges of retaliation due to reporting concerns about violations of workplace safety and health, consumer product, environmental, and financial reform laws with OSHA. Claims may be filed with the agency within 30 days of the retaliatory action for claims under the OSH Act, but the timeframe can be up to 180 days for other specific laws enforced by OSHA.
NC residents working remotely for a company in another state may elect to file in that state, if permitted.
Wage & Hour Claims: NC Department of Labor - Wage & Hour Bureau (NCDOL)
Thurgood assists clients in the recovery of unpaid wages, and all applicable interest and fees, with NCDOL for work performed in the state. While we are not allowed to speak for clients in NCDOL proceedings, we are able to draft complaints and assist throughout the process. We are also able to contact and engage in private negotiations with employers.
Other Claims
When appropriate, Thurgood files claims with the U.S. Department of Education on behalf of educators and school faculty, the National Labor Relations Board on behalf of union members, and on behalf of other special groups with a variety of state and federal agencies.
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