North Carolina Wrongful Termination Legal Questions

Yes, you can file yourself.  The best way it to go to the website of the Federal Court in your area.  Each of the 3 Federal Courts in North Carolina have "pro se" filing packets on their websites that give you the forms that you need to create your own filings along with explanations.... Read More

Not sure if I understand these two questions.  If you were previously represented by an attorney and that attorney died, the other attorneys in his firm would not have a conflict because he died.  However, there could be some other conflict.  You would need to contact the attorneys in this firm to see if there is a conflict. ... Read More

North Carolina is an employment-at-will state and you can be fired at any time for any reason.  You can file a legal claim for wrongful termination only is you can show that there was an unlawful reason for the termination.  Complaining about you boss, by itself, is not an unlawful reason.  However, if you were complaining about certain actions by your boss, then your complaint may have been protected activity. Some examples of protected complaints would include, but are not limited to: sexual harassment, unlawful discrimination, and wage and hour.... Read More

There is nothing legally wrong with the employer saying to you that you resigned.  Additionally, there is nothing legally wrong with the employer terminating your insurance once your employment has been terminated (whether by firing or resignation).  The really question is whether you were terminated for an unlawful reason.  You should set a consultation with an experienced employment attorney to discuss this matter if you believe it is something you wish to pursue.... Read More

You are only entitled to job protection for medical leave under the FMLA which only provides 12 weeks of leave.  Once you have gone over 12 weeks of FMLA leave, the employer may lawfully terminate you. The only claim if you are over 12 weeks would be if the employer did not provide you with the appropriate notice about your FMLA.... Read More

There is no one single statute of limitations for wrongful termination because there are several different laws that may apply.  The deadlines for filing range from 30 days to 3-4 years in certain circumstances.  The majority of claims under federal law are subject to a 180 day filing deadline.  You really need to consult with an attorney to determine whether you have a claim for wrongful termination and what the appropriate statute of limitations applies.... Read More

Yes.  However, if your employer is covered by the Family and Medical Leave Act and you meet the eligibility requirements, the employer would be required to allow you to have that time off. In general, the employer must have 50 or more employees with in 75 miles of the location where you work and you must have completed 12 months of service and accumulated 1250 hours in the 12 months leading up to your leave.  There are a couple of other requirements as well, but those are the big ones.... Read More

You can only file a wrongful termination lawsuit it the termination was based on unlawful discrimination or unlawful retaliation. I do not see anything in the facts you provide that suggest it was an unlawful termination.  In any case, the employer will not want you to come back to work and will resist that option.... Read More

North Carolina is an employment-at-will state which means you can be fired at any time for any reason even if the reason is unfair or unjust.  The only time you can file a wrongful termination claim is if the termination was motivated by unlawful discrimination or unlawful retaliation.... Read More

North Carolina is an employment-at-will state and you can be fired at any time for any reason.  You can only file a wrongful firing lawsuit if the motive for the termination was unlawful.  Firing you once you have been released to return to work, by itself, is not unlawful.  However, if you were fired because you exercised your rights under the FMLA or if you were deprived of your rights under the FMLA, then you may have a wrongful firing claim.... Read More

The hearing is a legal proceeding and you should treat it as such.  If you would not be comfortable representing yourself in court with no attorney, then you will not be comfortable in this hearing with out an attorney.  I strongly recommend that you retain an attorney.  You can be entitled to unemployment benefits if you are terminated.  However, some things like insubordination may be considered misconduct which would deny you benefits.  If you need your benefits, you should fight for them.  Retaining an experienced attorney is your best bet.... Read More

North Carolina is an employment-at-will state. Your employer can terminate you at any time for any reason.  Employers are not required to follow progressive discipline policies.  The bottom line is that there is nothing that can be done to stop an employer from firing you.  The issue, though, is whether you can file a legal claim against the employer. If your employer fired you because you are pregnant, then you would have a legal claim against the employer for pregnancy discrimination. You have a very short period of time to file a legal claim for pregnancy discrimination so you should consult with an experienced employment attorney as soon as possible. I am a little confused by your statement that you cannot collect unemployment.  Is that because you filed and the claim was denied by the unemployment adjudicator?  If so, you should appeal it quickly and you will be given a hearing.  Unless there is information about the situation that is not included in your statement, I do not see any reason that the Division of Employment Security would deny you unemployment.... Read More