North Carolina Wrongful Termination Legal Questions

North Carolina is an employment-at-will state which means you can be terminated at any time for any reason.  You can only file a wrongful termination lawsuit in North Carolina if you allege that you were terminated due to unlawful discrimination or unlawful retaliation. I see nothing in these facts that suggest an unlawful motive, but perhaps there are other facts that you did not cover. You should consult with an experienced employment attorney as soon as possible if you wish to pursue this matter.... Read More

I am not a criminal attorney so I cannot answer the question about larceny.  As for the termination, 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 file a legal claim if the employer terminated you due to unlawful discrimination or unlawful retaliation. This does not seem to fall in either.... Read More

You can be fired for any reason in North Carolina. If you can show that you had a disability covered by the American's with Disabilities Act, it might be possible to show unlawful discrimination or failure to accommodate a disability.  These "nodding off" cases are common and it will be tough to claim disability discrimination in this case.  Still, if you want to pursue it, you should consult with an experienced employment attorney.... Read More

In North Carolina, personnel files are property of the employer and the employer does not have to give an employee access to the files if it so chooses.  There is no action you can take for the company or its witnesses lying in an unemployment appeals hearing. Additionally, if the false accusation was made as part of an unemployment claim, there is a specific law that prohibits such accusations from being the basis of a lawsuit. To file a wrongful firing claim in this state, you must have evidence that the employer terminated you due to unlawful discrimination (race, color, sex, national origin, religion, disability or age 40 or older) or unlawful retaliation (fired for engaging in one of a handful of "protected activities"). All other forms of discrimination or basis for retaliation are completely lawful.... Read More

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.... Read More