QUESTION
Was I wrongfully terminated under any terms?
Asked on Nov 12th, 2013 on Wrongful Termination - North Carolina
More details to this question:
I was fired August 1, 2013 for recording my manager. I was a government contractor on a military installation and felt as though I was acting under N.C.G.S. 15A-287 and also 18 U.S.C. 2511(2)(d). I was denied unemployment benefits because they said I willfully violated policy (misconduct) but all my employer listed as the policy I violated was "Federal Enclave", I do not know what that is. Concerning my unemployment appeal hearing I have a witness who recorded the project manager but was never terminated for his actions. Would this be against some public policy? They're saying my violation was a breach of my contract which states that basically as long as I maintain standards set by the company and the government I meet the qualifications of employment, which they're saying by recording my manager and violating a "federal enclave" I no longer meet the conditions of the contract. But if my witness/ex-coworker was never terminated or even counseled for committing the same act, how was I?
1 ANSWER
4 Awards
Your employer has the right to control its workplace including implementing a "no recording" policy. Therefore, those statutes are irrelevant in the employment context. If you were fired for violating a policy (i.e. no recording), then the employer will bear the burden of establishing sevaral matters. Those matters including proving:
1. there was a policy prohibiting the conduct that you engaged in;
2. you were aware of the policy; and
3. you were aware you could be fired for violating the policy.
Answered on Nov 17th, 2013 at 11:42 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.