North Carolina Wrongful Termination Legal Questions

Employment-at-will means that you can be fired at any time for good reason, bad reason or no reason at all.  Your employer needs no legal grounds to fire you and is not required to provide you notice.  If you seeking to file a legal claim, then you must identify an unlawful motive for the termination, then be able to produce enough evidence to support that motive. ... Read More

Harassment is not unlawful unless it is based on race, color, sex, national origin, religion, disability or age 40 or older.  If she complained about harassment based on one of these factors, then it would be unlawful to retaliate against her.  If she did not, then retaliation would be lawful.  An employer is allowed to fire a pregnant employee.  The is a legal claim only if she was fired because she is pregnant.  She should appeal the decision to deny unemployment and retain an attorney to represent her.... Read More

Not on that basis. North Carolina is an employment-at-will state and employers are not legally required to follow their own policies regarding discipline. (Or any policy really.)  You can only file a legal claim if you show the motive for your termination was unlawful.  There are two types of unlawful motives: unlawful discrimination and unlawful retaliation.  I see neither in this post. Additionally, most of the federal laws that cover unlawful discrimination and retaliation require that a charge be filed with a federal agency within 180 days of the termination. You are well beyond that period.   If you still have questions, or believe there may have been an unlawful motive, you should consult with an experienced employment attorney.... Read More

FMLA guarantees covered employees up to 12 weeks of leave to deal with serious health conditions.  If the employee is not ready to return to work at the end of the 12 weeks, the employer can fire the employee.   If you work in North Carolina, you will only have the protection of the FMLA as North Carolina has no employee leave protections.  If you work in Virginia, there might be leave laws in that state that provide further protections.... Read More

Perhaps you are wrongfully terminated in the fairness or moral sense.  However, I see nothing in these facts that indicate your termination was unlawful.  That does not mean that there are not additional facts that would support a wrongful termination claim.  If you are concerned about this matter, I recommend that you speak to an experienced employment attorney.... Read More

Yes, you can be termianted at any time for any reason. You would only be able to file a legal claim if the time off from work was covered under the Family and Medical Leave Act (FMLA) or, in really rare circumstances, if the condition for which you needed the time off would be considered a disability under the Americans With Disabilities Act (ADA).... Read More

North Carolina is an employment-at-will state and you can be fired for good reason, bad reason or no reason at all.  It does not matter whether you actually violated HIPAA because the employer could fire you even if you did not.  The only time you can sue an employer is if the terminated is motivated by unlawful discrimination or unlawful retaliation.  Keep in mind that very few forms of discrimination are unlawful and very few reasons for retaliation are unlawful.... Read More

You can be fired for any reason.  You can only sue if you can show there was an unlawful motive for your termination.  That would include unlawful discrimination and unlawful retaliation.  I see neither in these facts.  However, if the official from the health department gave you a direct, lawful order to close and you were fired for following the order, then you may have a claim.  Additionally, if the only way to protect the public or customer was locking the door (that may be difficult to prove), you might have a claim.... Read More

You should apply for unemployment for sure.  You will be denied only if there is evidence of misconduct.  If you were fired because your boss's wife did not like you or thought you were having an affair with him, there would seem to be no misconduct on your part. However, while this is an unfair termination, nothing in your posts suggests that it was unlawful. North Carolina is an employment-at-will state and you can be fired for good reason, bad reason or no reason at all.... Read More

Employers are allowed to terminate an employee for any reason even if the reason is unfair. The employer needs no proof of anything as he could be terminated for good reason, bad reason or no reason at all.  He would only be able to file a legal claim if he could show the employer was motivated by unlawful discrimination (race, sex, age etc.) or unlawful retaliation (for engaging in a protected activity).  If he was injured on the job, and he was fired because he reported the injury he may have a claim for unlawful retaliation.... Read More

North Carolina is an employment-at-will state.  You can be fired for any reason; good reason, bad reason or no reason at all.  You can only sue the employer if you can show the motive for the termination was unlawful.  Generally, the only motives are unlawful discrimination (race, sex, age etc.) or unlawful retaliation (for engaging in a protected activity).  Although unfair, I see no unlawful motive here.  Additionally, the law covering unemployment benefits in no way relates to the law of wrongful termination.... Read More

The statement itself is not a violation of any law. However, that statement could be a very important piece of evidence to show that you terminated unlawful due to your sex.  If you were subject to disparate treatment, i.e. you were terminated under circumstances where a female would not have been, then you have a claim for wrongful discharge.... Read More

Not clear on your circumstances. If you are missing time away from work, whether tardy or missing whole days, then why would it not be covered by FMLA? In any case, in general, an employer can terminate you for any matter that is unrelated to the FMLA leave.  However, if the tardiness or absence is related to the condition for which you will use FMLA, then it should be covered as well.... Read More

Harassment is unlawful only if it is based on race, color, sex, national origin, religion, disability or age 40 or older.  A complaint to HR is not protected unless the complaint is about unlawful conditions.  This means that unless you complained the "harassment" was on the basis of one of the seven factors about, the company can lawfully terminate you.... Read More