QUESTION
My co-worker developed a medical condition and was fired. Is there any recourse?
Asked on Jul 12th, 2016 on Employment Contracts - North Carolina
More details to this question:
This is a mom and pop office with 10 employees. The jobs are clerical and administrative. The owners were aware of her doctor visits and diagnosis. After an incident of garbled speech she was fired for "inability to keep up".
1 ANSWER
4 Awards
North Carolina is an employment-at-will state where you can be terminated for any reason. You can only file a wrongful termination lawsuit if you can show the termination was motivated by unlawful discrimination or unlawful retaliation. There are no laws that protect employees who are terminated due to medical conditions other than the FMLA which applies only to employers with 50 or more employees or the Americans With Disabilities Act whcih applies to employers with 15 or more employees. Unfortunately, neither law applies to an employer with 10 employees.
Answered on Jul 24th, 2016 at 9:02 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.