North Carolina Wrongful Termination Legal Questions

This is a very tough situation.  In general, if you are an FMLA covered employee, working for an FMLA covered employer, you are eligible for upto 12 weeks of leave for your own serious health condition or the serious health condition of an immediate family member. However, once you run out of FMLA (the 12 weeks) then you can be terminated.  So, at base, it looks like you are out of FMLA which means the employer could lawfully terminate you.  If that is the case, there probably is no legal claim for your termination.  There is small chance that if the company misled you about your FMLA leave, then you might have a claim.  Honestly, I think that is a stretch, but if you want to follow up on that you should consult with an experienced employment attorney to discuss your situation in depth and to give them any paperwork you received from the employer regarding your employment. I am sorry this happened.... Read More

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.... Read More

North Carolina is an employment-at-will state and an employer can fire you for refusing to perform a job. If you feel that there is a workplace safety issue and that led to your termination, you can contact the NC Department of Labor at NCLABOR.com.  You can also file a wage complaint for your last check with them if the check is not recieved by the next payday on which it is due.... Read More

North Carolina is an employment-at-will state which means you can be fired at any time for any reason. You can be fired for a good reason, a bad reason or no reason at all.  You can only sue for wrongful firing if you can show the firing was due to unlawful discrimination or unlawful retaliation.  This situation certainly seems unfair, but it does not appear to tbe due to either of the two unlawful motives listed above.  However, I encourage you to consult with an experienced emploment attorney if there is more to this story and/or if you feel that either of these two motives were behind the firing.... Read More

This is an North Carolina 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. In any case, the fact that your boss was engaged in illegal activity really has no bearing on whether or not the employer is allowed to fire you.... Read More

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. ... Read More

None of this is unlawful on its face because North Carolina is an employment-at-will state which means you can be fired (or hours cut, disciplined, etc.) 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 or the reduced hours, then you may have a claim.  However, if it is just an unfair situation, there is no claim.   ... Read More

This 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.  Protected activities include filing for, or requesting, workers compensation benefits (but not being released from restrictions per se) or use of FMLA.  If either of these was the motive for the termination, then you may have a claim for unlawful termination.... Read More

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, I see neither in these facts.  ... Read More

This 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. If you can be fired for any reason, then the employer can do anything short of firing to you for any reason.  Additionally, if the employment is at-will, the employer is not required to follow policy (protocol) and is not required to investigate at all. 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. l recommend filing for unemployment benefits and that you start looking for a job as soon as possible. ... Read More

You may be able to file for unemployment benefits or to file some type of internal appeal.  However, North Carolina in an employment-at-will state and you can be fired for any reason.  You can file a legal claim only if your employer was motivated by unlawful discrimination or unlawful retaliation.  I see neither in these facts. ... Read More

Yes, you can be fired for any reason.  If the reason was unlawful, you may be able to file a claim.  For example, if you were fired for getting workers compensation medical treatment.  Or, if the other employee was not fired, and s/he was of a different race, color, sex, etc. ... Read More