QUESTION

Termination due to Retaliation

Asked on Oct 28th, 2016 on Wrongful Termination - North Carolina
More details to this question:
A coworker expressed to another coworker she was going to "beat my ass". Immediately after telling him this she sought me out, got up in my face and put her hands up as if she was going to choke me. I was concerned for my safety and brought the issue to my supervisor. The employee walked by my desk and said "I took my write-up." Shortly after, with my adrenaline still pumping from being threatened, I made an offshoot comment to the effect of (I can't recall exactly what I said) "They had better watch out because it's not hard to just get some barium. You can't trace it in an autopsy. I also said after that I'd never do that. Someone overheard me and told her. She then called HR and I was suspended without pay then phoned and terminated with no opportunity to defend myself. The company is aware she threatened me first and I have a witness who watched her get up in my face as if she was going to attack me. She was not suspended or terminated. Do I have a case here? I really hope so!
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1 ANSWER

Employment Law Attorney serving Concord, NC
4 Awards
No.  North Carolina is an employment-at-will state where an employee can be fired for any reason.  The only time you can file a legal claim is if you can show that the employer's reason for terminating you was unlawful.  The only unlawful motives in North Carolina are unlawful discrimination or unlawful retaliation. Neither of those motives appear in these facts.
Answered on Oct 29th, 2016 at 7:52 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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