Before going into a meeting with HR – Read this

Before going into a meeting with HR – Read this

by | | Legal Advice

Before going into a meeting with HR – Read this

Five Keys to Protect Yourself and Your Livelihood from Asheville Employment Attorneys

As Asheville employment Attorneys, a common ask is what an employee should do when they hear they are going to meet with HR. Being asked to attend a meeting with Human Resources can make even the most seasoned employee uneasy. Sometimes the meeting is routine. Other times, it may involve a workplace complaint, performance issue, investigation, or disciplinary action. Our firm usually represents employees after the meeting, so here are a couple of pointers for those that are about to meet with HR.
Let's Talk

1) It’s not just a conversation – it’s evidence

Do: Even if HR says they just want to have a conversation, do treat it as a formal matter – be professional. Everything you say may be documented, summarized, or later relied upon.

Don’t: Do not assume that HR represents you or your personal interests. HR’s primary role is to protect the company and ensure compliance with internal policies and applicable laws—not to advocate for employees individually.

Why it Matters Legally: Statements made in HR meetings can become part of your personnel file and may later be used to justify disciplinary action or termination. Emotional or careless remarks can be mischaracterized or taken out of context.

Let's Talk

2) Be Seen More than Heard

Do: Listen. Ask. Clarify. HR’s job is extremely easy when they let the employee shoot themselves in the foot without knowing it. Be sure you know what is being asked of you, that you understand the question, and most importantly – that you are recalling what exactly happened and not relying just on memory.

Don’t: Avoid oversharing, guessing, or speculating—especially about motives, intent, or events you don’t clearly remember. Statements like “I probably…” or “I guess I might have…” can later be treated as admissions.

Why it Matters Legally: In employment disputes, precision and accuracy matter. Speculative statements can undermine your credibility or weaken a later legal claim, even if your intentions were harmless. Memories fade, so unless you have a document that establishes your version of what happened, avoid staking yourself out when it can be contradicted.

Let's Talk

3) Do not let emotions override good judgment.

Do: You may feel that asking to take your own notes or recording the meeting will put them on the defensive. Do not let them bully you out of good judgment. If you are presented with a written statement, warning, or agreement, take the time to read it carefully.

Don’t: Do not feel pressured to sign documents “on the spot,” especially if they include admissions, acknowledgments, corrective action plans, or waivers of rights. It is completely appropriate to ask for time to review documents before signing.

Why it Matters Legally: Some HR documents may have legal consequences, including limiting your ability to file future legal claims. You may just want to get it over with it and sign. You may feel that getting an attorney will make you look guilty. No. Asking for an Asheville Employment Attorney establishes that you have good judgment. Consulting an employment attorney before signing can help you fully understand the implications.

Let's Talk

4) Know Your Rights

Do: Be aware that employees may have rights under federal, state, or local law, including protections against discrimination, retaliation, and wrongful termination. If the meeting involves complaints about protected activity (such as reporting harassment or requesting accommodations), take careful notes.

Don’t: Do not ignore red flags such as vague accusations, shifting explanations, or undue pressure to “move past” serious concerns without explanation.

Why it Matters Legally: HR meetings often occur shortly before formal discipline or termination. Understanding whether the issue touches on protected conduct can be critical if a dispute arises later.

Let's Talk

5) Document, Document, Document

Do: As soon as possible after the meeting, write down what was discussed: who attended, the stated purpose, key questions asked, and any next steps. Stick to factual observations rather than opinions or conclusions.

Don’t: Do not rely solely on memory—especially if the situation escalates or continues over time. Memory fades; contemporaneous notes carry more weight.

Why it Matters Legally: Written records can be invaluable if you later need to respond to disciplinary actions or consult legal counsel. Accurate documentation helps preserve context and credibility.

Final Thoughts

Not every HR meeting signals trouble—but every HR meeting deserves your attention and care. Staying professional, measured, and informed can help protect your interests while minimizing risk.

If the meeting involves serious allegations, potential discipline, or termination, seeking guidance from our employment attorneys can provide clarity and peace of mind.

Former Henderson County employee sues for wrongful termination

Former Henderson County employee sues for wrongful termination

by | | News

Former Henderson County employee sues for wrongful termination

Let's Talk

View Full Article Here

Corey B. Atkins, an employment law attorney at Brian Elston Law in Asheville, is leading the wrongful termination lawsuit against Henderson County. “Currently, we have filed suit and awaiting an Answer to our Complaint. Afterwards, we look forward to engaging in the discovery process to find out who knew what, when, and how” states Mr. Atkins in response to the current status of the case. Mr. Atkins followed up and requested that “if anyone has any information regarding Henderson County and the allegations contained in the Complaint, please come forward with any information relevant to the case.”

Corey B. Atkins leads the Employment Law Practice Area for Brian Elston Law with Employment Law Attorney Brian Elston. Brian Elston Law is one of few firms in the state that not only represents injured workers’ and individuals, but can also assist them and others with any employment issues. If you are experiencing problems at work, have been wrongfully terminated, or simply want to know your rights as an employee, the employment law attorneys in Asheville with Brian Elston Law are here for you. The contact number to request a consultation is 828-575-9700.

Hey Hubert, let’s talk.

Hey Hubert, let’s talk.

by | | Legal Advice, News

Hey Hubert, let’s talk.

Let's Talk

We saw this coming didn’t we? If you follow the Tar Heels like we do, you saw what happened the past week with Coach Hubert Davis.  If you’ve ever gone through a job separation you may be able to relate to what he went through: Your supervisor tells you to write down everything you’re working on, once friendly and familial atmosphere is now cool, meetings that you would otherwise attend you aren’t invited to.

The news finally hit that Coach Hubert Davis, a loyal, hard-working employee of the state since 2012, was let go. We can relate on a number of levels, and especially as a die hard Tar Heel fan and alum. So, Coach, if you’re out there, let’s talk about what’s next for you, or really any employee that is faced with the difficult news that it’s time to move on:

– Take a deep breath. Hubert, you gave us two legendary wins no other coach will ever duplicate – beating Duke at Home on Coach K’s last night and beating them again in the Final Four.  Losing a job after decades of loyal service and huge wings can be an emotional roller coaster.  Although not legal advice, as we are also husbands, fathers and been through our own job transitions before, our advice is to take a deep breath. We’ll get through this. Now’s the time to lean into your support network and don’t let your emotions get the better of you.
– Preservation Statement – Memories fade, so if you think that something is fishy about your termination, write down as much as you can about what happened. If you now see that what happened six months ago now doesn’t seem right, put together a timeline. If there’s policies/procedures that weren’t followed, write down the details as much as you can about the when, where, and how.
– Severance or release – Hubert, like most employees in today’s corporate settings, is probably going to be offered a severance package.  As emotions are running high and there’s a millions things going on in life, e.g. do I have to relocate, what’s my next job, financial concerns, we’re here for you.  We routinely help employees review and negotiate severance offers and contract buyouts. In addition, we also review whether or not there’s a wrongful termination or other related employment claim.  A word to other employees debating on hiring an attorney to review a severance agreement but have mixed feelings: you will not be judged for asking for more money.  Do not feel bad about having an attorney review any release. In fact, having an attorney review your matter is just a reflection of your own good judgment.

– Deadlines – You need to contact an attorney as soon as possible because there are specific deadlines for responding. I understand you’re facing many life questions, such as relocation and more training, but EEOC, DOL and even internal grievance procedures have deadlines.

Coach – thank you for the years of service. You will get through this. And if you cannot win on one court, you can always try another.

– Corey B. Atkins c/o ’08
– Brian Elston c/o ’03

Lesson X: Firm Life

Lesson X: Firm Life

by | | 10 Lessons

Lesson X: Firm Life

As a believer, I see coincidences as evidence of something greater at work reminding me once again, He is still there behind the wheel. For those that have fallen along with my Ten Lessons over 10 Years, an easy conclusion is that Brian just got slack as this project was supposed to be done in January and here we are in March. It turns out, as you will read, that we were on His timing all along, not mine. Read on for a special announcement and conclusion to the lessons.

When I got out of college, my first job was a claims adjuster doing workers’ compensation claims for a major insurance company. I remember putting on my Brooks Brothers corporate issued polo, dress khaki’s and clocking in for the 8 hour day working claims like I was in Office Space. I was surrounded with some really neat people, with some friendships still intact and appreciate them more than I share. But at the end of the day, clock out and life began. I couldn’t believe life was that compartmentalized – 8 hours of Liberty Mutual Brian and then go from there. I knew or hoped that I could live my life to the fullest by working and being around folks that I wanted to be around instead of paid to be around.

In an earlier post, I referenced Steve selling the house. He had said that over the years, he had tried to fill it up with lawyers, but it just never happened for him, and now it was time to pass it on for someone else. He told me that he hoped that I would be able to, which I could pick up on was not only was he telling me this as his hope for me, but sort of the price to pay for him giving me the opportunity with the house. It made sense to me that Steve wanted the house he was passing on to go to someone that could hopefully turn it into a place of camaraderie and fellowship for attorneys.

Without any of my doing, the house is filled with some of the most genuine, caring, compassionate attorneys you could ever hope to work alongside– Scott Best, Wiley Westall, Laura Hooks, Doug Tate, Christie, George Currin and Jenna Jarrett. Each of these individuals contribute to not just each other’s the practice of law, but quality of each other’s life.

I have known Corey Atkins, a fellow attorney in the local bar, for more than a decade. Great attorney and an even better person. I cannot say, however, that it was ever in my plans that we’d eventually work together. Indeed, I was actually going to model my practice after one of my mentors and just have myself, Jenna and another paralegal.

However, a series of unconnected events led to an opportunity for he and I to join forces, I found myself going back to the first lesson of following your heart. The ability to work with Corey, excellent attorney with life and experiences that can changes lives, was as clear to me as a rainbow appearing after a storm. There was no choice. In following my heart, which is to help our clients by working with a like-minded, driven, hard-working attorney like Corey, I am excited to share that the lessons will continue with Corey joining the firm. If you are reading this, please join me in welcoming Corey to Brian Elston law and changing this world together.

Lesson IX: You matter way more than you think you do

Lesson IX: You matter way more than you think you do

by | | 10 Lessons

Lesson IX: You matter way more than you think you do

Of all the posts, this one caused me to stare at a blank page longer than any others. I reworked the drafts because the first one read like “let me tell you how great I am” and the second read like a kindergartener book with three-word sentences. So, I will just jump into how the lesson was learned:

As I was working on a matter, the client made a very casual, off-handed remark. While I was focused on the legal issue, she mentioned that when she had surgery, my office didn’t check on her. Oh, I felt convicted and hypocritical. The one thing that I was charged to do, to care, I dropped the ball.

Different story, but same lesson. A client called me while I was in Connecticut attending a dear friend’s wedding. He had a legal situation, and despite being hundreds of miles away, over the next two days, we got it figured out. I’ll never forget what he said when I gave him the news: “I trust Jesus Christ with all my heart. Brian, you’re second.”

The point here is two-fold: 1) You (yes, you reading this) matter way more than you ever know to those around you. I think we all engage in a lot of negative self-talk (“I bet I’ll mess this up”, “I’m no good at (and impose your own limitations). But, you are depended upon and trusted way more than you think you are.

Second point, I will bet that anyone reading this can stop, and remember that kind word, compliment, or encouragement that someone’s given you at one point in your life that you can still hear. I’m not talking about the auto-reply “You’re awesome”, but that genuine human-to-human compliment when someone told you “we couldn’t have done this without you” to something as simple as “that’s a great haircut”, especially when you were feeling self conscious.

“Be the change you wish to see in the world” sounds like a saying that would need some Herculean effort of community service to accomplish. But, here’s what you need to know: you are already the world to so many people. So, in changing their world, all it can take is a simple, personal, kind compliment for it to be forever changed for the better.