North Carolina Employment Legal Questions

Probably.  Under North Carolina state law, employees are entitled to the "promised wage." The promised wage would include any written agreement (perhaps the paperwork you mentioned) that indicated a specific pay and a specific time the pay (wage) would be in effect.  This is somewhat tricky though because you want to be careful that you are not jeopardizing your job.  So, consult with an experienced attorney on how to proceed.... Read More

It is not possible to tell whether you might have a claim from this post.  However, in North Carolina employers are not requried to treat employees fairly.  You can sue your employer only if you an prove an unlawful motive such as unlawful discrimination or unlawful retaliation is the real reason for your termination.... Read More

The only time you can bring a wrongful termination suit in North Carolina is when you can show that the employer terminated you due to an unlawful reason. There are only two unlawful reasons in NC: unlawful discrimination or unlawful retaliation.  Discrimination is only unlawful if it is due to race, color, sex, national origin, religion, disabilty or age 40 or older.  Retaliation is only unlawful if the employer is terminating you due to you engaging in an act the law says you have an absolute right to engage in.... Read More

The law was changed a few years ago to make it nearly impossible to get benefits if you quit.  There is some older caselaw that says an employee can be entitled to benefits if the employee can show a unlawful hostile environment.  Legally, unlawful hostile environment claims can only exist if, and only if, the conduct is directed toward the employee due to the following: race, color, sex, national origin, religion, disability or age 40 or older.  If the hostile environment is not based on one of these "protected classes" then, no matter how bad it is, there simply is no claim for unlawful hostile environment and likely no way to get benefits if you quit.... Read More

It is hard to say without more information.  It is unlawful for the employer to retaliate against you for using FMLA.  However, if there is a reason for doing this that is unrelated to your use of FMLA then it is likely legal. You should consult with an experienced employment attorney if you wish to pursue this or to find out if you have a claim.... Read More

Wrongful termination in this state must be based on unlawful discrimination or unlawful retaliation.  Unlawful retaliation occurs when the employee has engaged in a protected activity and then is terminated due to the protected activity.  Complaints to HR are generally not protected.  Complaints to HR can be protected if they specifically complaint about certain action such as unlawful discrimination. I do not see how that comment alone would be protected activity. If there was more to the complaint, then it might be possible.   It is not unlawful for the employer to terminate you while you are on FMLA if the termination has nothing to do with your FMLA.  Even so, my suspicions are always raised when an employee who is on FMLA is terminated.... Read More

This may not be a question that the employment attorneys can answer because HIPAA is not an employment law.  Might want to post this question so healthcare attorneys could answer if you have not already. However, it is lawful for the hospital to discipline the employee, upto and including termination, for this conduct whether it is a HIPAA violation or not.... Read More

Unfortunately, I see no case at all here.  The law allows the employer to rescind a job offer at any time.  In fact, if you were actually hired, the county would have the right to fire you and replace you with the DSS employee as most county employees are employed "at will" meaning they can be fired at any time for any reason.... Read More

North Carolina is an employment-at-will state where you can be terminated for any reason.  You can only file a wrongful termination lawsuit if you can show the termination was motivated by unlawful discrimination or unlawful retaliation. You mention "discrimination" but did not explain what type. In NC, only discrimination based on race, color, sex, national origin, religion, disability or age 40 or older is unlawful.  You also mention your husband's cancer.   If you were FMLA eligible, and were fired for absences related to his cancer, then there may be an FMLA claim.  For more detailed information, you should consult with an experienced employment attorney. ... Read More

North Carolina is an employment-at-will state where you can be terminated for any reason.  You can only file a wrongful termination lawsuit if you can show the termination was motivated by unlawful discrimination or unlawful retaliation.  I see neither in the facts you have presented here.  Even so, if you believe either of those unlawful reasons were behind the termination, then you should consult with an experiencced employment attorney.... Read More