QUESTION
I was termed 4/14, but just recently found out that the co. did not follow their SOP for termination. Can I sue them.
Asked on Mar 20th, 2015 on Wrongful Termination - North Carolina
More details to this question:
The reason I was given was because of a mistake. I had never been written up for anything, nor given any verbal warning. I believe the SOP states that you have to have a verbal/written warning, then a written warning. I just found out about this less than 30 days ago. Is there a chance I can sue them and get some restitution?
1 ANSWER
4 Awards
Not on that basis. North Carolina is an employment-at-will state and employers are not legally required to follow their own policies regarding discipline. (Or any policy really.) You can only file a legal claim if you show the motive for your termination was unlawful. There are two types of unlawful motives: unlawful discrimination and unlawful retaliation. I see neither in this post. Additionally, most of the federal laws that cover unlawful discrimination and retaliation require that a charge be filed with a federal agency within 180 days of the termination. You are well beyond that period.
If you still have questions, or believe there may have been an unlawful motive, you should consult with an experienced employment attorney.
Answered on Mar 22nd, 2015 at 7:14 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.