QUESTION

Can I sue my previous employer for requiring me to perform illegal acts?

Asked on Apr 17th, 2014 on Labor and Employment - North Carolina
More details to this question:
I reluctantly resigned my position as a pre-need funeral counselor in the state of NC on March 3, 2013. I left the job because I believed the funeral home was violating NC insurance laws by requiring me to provide insurance to clients while I was not licensed. My employer believed I could continue doing my job as long as a licensed funeral director and licensed insurance agent were in the same room with me while I sold insurance to funeral home clients. After leaving the job, I was initially denied unemployment benefits. After appealing the case, I was awarded unemployment benefits on January 9, 2014. During the telephone hearing, it was concluded from the competent evidence in the record and the facts found that I had good cause for leaving the job and that such cause was attributable to the employer because what the employer asked (claimant) to continue doing might well have exposed (claimant) to prosecution for violating North Carolina insurance laws. This information is on file and has been recorded with the NC Dept of Commerce Div of Employment Security. I am currently still unemployed now after a year. I have been applying for jobs but have a feeling the employer may be "blacklisting" me, but I do not know for sure. I have exhausted all my retirement funds in order to live. Can I sue this employer for damages?
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1 ANSWER

Employment Law Attorney serving Concord, NC
4 Awards
Probably not.  It is unlawful to fire an employee who refuses to violate the law or who reports unlawful actions of the employer (or employees) to a governmental agency.  However, that does not appear to apply in this case.  However, it may be possible to sue the employer if the employer is making defamatory statements or is truly "blacklisting" you.  The DES determination has no bearing on any other legal proceeding including wrongful firing. 
Answered on Apr 21st, 2014 at 3:40 PM

I am an experienced attorney focusing on employment law in North Carolina and Tennessee. This post/response is not meant to constitute legal advice.

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