QUESTION
Was faulsly terminated human resource manager admits under oath had no evidence to terminate me for sexual harassment only lies told keep job but lied
Asked on Oct 11th, 2016 on Wrongful Termination - North Carolina
More details to this question:
Appeal case reversed for unemployment benefits that employer didn't prove there was any reason by me to be fired for sexual harassment. Was told when I was in there office after I pointed out other witnesses that seen what happened then was sent home for them to investigate and speak to whom I said seen everything was told if found out that if these witnesses I said seen it if say I never did what coworker reported I done if witnesess say I didn't then I still have job but if say I did then no job will call me at home when found out which they called said they said that I did do as what was reported and by other witnesses as well said same to . so I was fired. Well my wife was one of them and the other said what was reported to me wasn't true that he didn't say that he told them I didn't do it that he seen everything . but I still was fired . appeal hearing the manager admits there never were any witnesess that said the same as the female coworker what can I do
1 ANSWER
4 Awards
Probably nothing. The legal standard for proving you are eligible for unemployment is completely different than the legal standard for a wrongful firing lawsuit. Additionally, there is a law in North Carolina that states nothing offered in an unemployment appeals hearing, including testimoney, can be used in any other proceeding. So, if you were able to sue for wrongful firing, you would not be able to use what was said at the unemployment hearing.
North Carolina is an employment-at-will state in which you can be terminated for good reason, bad reason or no reason at all. Our courts hold that an allegation of sexual harassment is a good reason to fire someone even if the allegation proves to be untrue. You can only file a wrongful firing lawsuit if you can show that unlawful discrimiantion or unlaawful retaliation was the reason for the firing. I see neither in the facts you provide.
However, the only way to be sure is having a consultation with an experienced employment attorney.
Answered on Oct 15th, 2016 at 7:11 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.