QUESTION
Do I have grounds for a case?
Asked on Feb 22nd, 2016 on Wrongful Termination - North Carolina
More details to this question:
At my job we get 106 hours per week. The manager gets 45 out of the 106 and the assistant manager gets 32 hours out of the 106(sometimes it varies because they will take personal days or sick days). I recently have only been getting 10-12 hours per week while the other associate gets about twice as much. I also recently got another job and when I wrote down the days I was available to work she texted me the following day and told me to turn in my key and gave the other associate my hours for that week. I also asked her if I was fired and she would never give me a definite answer. I feel like I have been discriminated against. What should I do.
1 ANSWER
4 Awards
None of this is unlawful on its face because North Carolina is an employment-at-will state which means you can be fired (or hours cut, disciplined, etc.) for any reason and there is no liability for the employer unless there is an unlawful motive for the action taken against you. There are generally only two forms of unlawful motives: unlawful discrimination or unlawful retaliation. Discrimination in employment is unlawful if it is due to race, color, sex, national origin, religion, disability or age 40 or older. Retaliation in employment is unlawful if you engaged in one of a handful of "legally protected" activities and were fired for engaging in that activity. If either of these was the motive for the termination or the reduced hours, then you may have a claim. However, if it is just an unfair situation, there is no claim.
Answered on Feb 25th, 2016 at 7:46 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.