Wrongful Termination Legal Questions

Dear Anonymous,   In Indiana, employers are entitled to require employees to get flu shots.  Since Indiana is an "at-will" employment state, an employee that refuses to be vaccinated can be terminated, with some limited exceptions.  For example, if your objection is based on deeply held religious convictions, you may have an argument that your employer is engaging in religious discrimination, by requiring you to get the shot.   Chip Clark... Read More

I believe you are having a common misunderstanding of the Summary Process. What you are probably looking at is a standard Notice to Quit with a 3 day time on it.  This is just the begining of the process.  The best advice I can offer you is that you need to hire an experienced attorney to defend you in this matter.  They will be able to drag out the process to give you more time or  perhaps negotiate a deal advantageous to you.  Please feel free to contact us regarding this, as we regularly handle matters such as these. ... Read More

Yes, you can be fired for sleeping on the job because North Carolina is an employment-at-will state where an employee can be fired for good reason, bad reason or no reason at all.  Even so, it is possible that you could have a claim pursuant to the Americans With Disabilities Act.  The ADA requires employers with at least 15 employees to provide reasonable accomodations to employees with disabilites.  If your employer was aware of your sleep apnea, if it is a disability under the ADA, and there was some reasonable accomodation that could have been made, then you may have a claim.  I recommend you consult with an experienced employment attorney as soon as possible to discuss.  These type of claims must be file with the EEOC initially and the filing must be within 180 days of the alleged unlawful conduct.... Read More

I do not see any reason that you need an attorney in Raliegh specifically.  What you need is an experienced employment attorney who handles wrongful termination claims who is willing to help you regardless of where s/he is located.  You can use the Find A Lawyer feature at the top of the Lawyers.com website to locate such an attorney.  Keep in mind that you must find the lawyer yourself as lawyers are not allowed to directly solicit you offering representation.... Read More

I'm not aware of any law that makes it unlawful to terminate someone due to the tattoos they display.  Maybe if the tattoos have religious symbols you might have an argument but probably that's not enough.  It's weird that they'd hired and spend money on you only to terminate you but companies make spending decisions that can't be explained all the time. ... Read More

While you did not say so, I am assuming that you are talking about the Tennessee Abuse Registry. The normal process is to give you notice of their intent to put you on the registry so that you can contest it. If you were given notice and the opportunity to challenge it and choose not to challenge it, there is nothing that you can do at this point.... Read More

You will need to locate the attorney yourself and then reach out to him/her.  Attorneys on this site who respond to these questions are not allowed to "solict" your business.  You can use the "Find A Lawyer" feature at the top of the page to find an experienced employment attorney.  I do not know why you would want an out of state attorney, but you might be able to find one.  The attorney would need to be licensed in North Carolina or able to associate a North Caroilna based attorney to help.  ... Read More

You should consult with an experienced employment attorney to fully discuss and have them review the severance agreement.  Now, having said that, employers in North Carolina are allowed to fire employees who are not at work due to medical or health reasons unless the absence is covered under the FMLA.  If the absence is not covered, for example you have run out of the 12 weeks of FMLA leave, then absent a rare situation where a law called the ADA or one of the discrimination laws apply, the employer is legally free to terminate you "at will."... Read More

Your husband should obtain an attorney for the workers comp injuries.  You have nothing to lose and everything to gain by his abs rights to protect.  As an employee at will there is little protection for his job but if any retaliation for pursuing work comp that is unlawful.  Consult a lawyer         ... Read More

You need to speak with a California employment attorney as soon as possible. You may also want to delete the information you posted since this is somewhat of a public forum. I would encourage you to contact a California lawyer as soon as possible.   Ohio employment lawyer http://mcoffmanlegal.com/practice-areas/other-services/ohio-employment-attorney/... Read More

North Carolina is an employment-at-will state which means an employee can be fired at any time for any reason.  The only tiime that you can file a "wrongful termination" claim is when you can show that the employer fired you due to either (1) unlawful discrimination or (2) unlawful retaliation. I do not see either in these facts. However, if there are other facts that could show either, then you may want to set a consultation with an experienced emploment attorney.... Read More