QUESTION
I was terminated for being intoxicated on the job, which I was not.
Asked on Mar 20th, 2016 on Wrongful Termination - North Carolina
More details to this question:
I am a nurse and was accused by other employees I was intoxicated on the job but in fact was sick. They made me do a BAC which was negative and fired me without secondary testing (blood). They did not follow protocol and was fired the next day. They also turned me into the state board of nursing and it took me 9 months to win my case but I was unable to get a job in my field the entire time. My losses are GREAT. I feel harassed and wrongfully terminated.
1 ANSWER
4 Awards
North Carolina is an employment-at-will state which means you can be fired 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, then you may have a claim for unlawful termination.
However, if it is a case that you were fired only because they believed incorrectly that you were intoxicated, there will be no claim due to the employment-at-will doctrine.
Answered on Mar 20th, 2016 at 8:48 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.