QUESTION

Denied Unemployment Benefits

Asked on Mar 16th, 2015 on Labor and Employment - North Carolina
More details to this question:
Hello, my name is Heidi Fredericks. I live in Havelock and I was referred to your firm from NC Lawyer Referral Service. My company terminated me from my job of 7 years. I applied for unemployment benefits and was denied them. I had a telephone hearing Monday, March 9, 2015. I received the decision via usmail Friday 13, 2015 which stated I was disqualified by the adjudicator. I feel/know I was unjustly terminated. Can you help? Sincerely, Heidi Fredericks
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1 ANSWER

Employment Law Attorney serving Concord, NC
4 Awards
The good news is that being denied unemployment benefits has nothing to do with whether you will succeed in an unlawful (wrongful) termination claim. The bad news is that an "unjust termination" is not a basis for a wrongful termination claim.  North Carolina is an employment-at-will jurisdiction which means that an employer can fire an employee for good reason, bad reason or no reason at all.  The only time you can pursue a legal claim against an employer for wrongful termination is if the employer's motive for termination was unlawful.  In general, there are only two unlawful motives: unlawful discrimination or unlawful retaliation.  However, since North Carolina is an employment-at-will state, all forms of discrimination and retaliation are lawful unless specific defined as unlawful. Bottom line:  nothing in the facts you provide indicate a wrongful firing.  However, there may be other facts that would indicate a wrongful firing. I suggest that you search for, and set a consultation with, an experienced employment attorney to fully discuss the matter if you want to pursue it.
Answered on Mar 17th, 2015 at 4:46 AM

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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