You have just been in an accident. Maybe you were at fault, or maybe it was another party. Either way, it’s a stressful situation. You’re
If you have been wrongfully terminated, it is important to speak with a lawyer who can help you understand your rights under North Carolina employment law. At the Law Offices of Jason E. Taylor, we have years of experience helping people in Concord and throughout North Carolina fight for their rights. We know what it takes to win wrongful termination cases, and we are ready to help you do just that.
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Is North Carolina an “At-Will” State?
In general, North Carolina is an “at-will” state. This means that an employer can terminate an employee at any time, for any reason, or for no reason at all. There are, however, some exceptions to this rule. For example, if you have an employment contract that specifies a certain term of employment, your employer cannot terminate you before that term is up.
Additionally, if you are a protected class member (such as race, religion, gender, etc.), you cannot be terminated based on that status. Finally, if you have reported your employer for engaging in illegal activity, you cannot be retaliated against with termination (this is known as “whistleblower” protection).
If you believe that you have been wrongfully terminated, it is important to speak with an experienced attorney to help you understand your rights.
What Is Wrongful Termination?
Wrongful termination is a legal term used to describe a situation in which an employee is fired in violation of the law. There are many ways that an employer can violate the law when terminating an employee.
What is Considered Wrongful Termination in Concord, North Carolina?
Any termination that violates federal or state law breaches a contract or falls under a public policy exemption may be considered wrongful termination. Some common examples of wrongful termination include:
Wrongful Termination Under Federal Law
1981 of the Civil Rights Act of 1886, Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), the Family and Medical Leave Act, and the Age Discrimination in Employment Act (ADEA) define “protected classes,” as:
- National origin
North Carolina Discrimination Protections
Several state laws in North Carolina add to the protected classes provided by federal law. In North Carolina, it is illegal to discriminate against employees based on:
- Military service
- HIV/AIDS diagnosis/status
- Use of a lawful substance
- Sickle cell anemia or hemoglobin C diagnosis/status
1992 Retaliatory Employment Discrimination Act
Under certain circumstances, this act protects employees subject to the juvenile justice system, domestic violence, pesticide exposure, and employees reporting activities of their employers under the Paraphernalia Control Act.
What Should I Do If I Think I’ve Been Wrongfully Terminated?
If you believe that you have been wrongfully terminated, you should speak with an experienced attorney as soon as possible. An attorney can help you understand your rights and options and help you build a strong case.
Wrongful termination is a serious issue, and if you have been wrongfully terminated, you may be entitled to significant compensation. Contact an attorney today to get started on your claim.
Do I Have a Wrongful Termination Case?
If you think you may have been wrongfully terminated, the best way to find out is to speak with an experienced attorney. An attorney can help you understand your rights and options and help you build a strong case. If you have a valid claim, an attorney can also help you file a lawsuit and recover damages.
Adverse Employment Actions Versus Termination in North Carolina
An “adverse employment action” is a negative change in the terms or conditions of your employment. It is important to note that not all adverse employment actions rise to the level of wrongful termination. This can include things like:
- A demotion
- A pay cut
- A reduction in hours
- Being reassigned to a less desirable shift
Adverse employment actions are different from termination, which is when your employer ends your employment entirely.
Who Do I Report Wrongful Termination To In North Carolina?
If you believe that you have been wrongfully terminated, you can file a claim with the federal government via the Department of Labor or the Equal Employment Opportunity Commission (EEOC.)
Filing a wrongful termination claim in an at-will state can be difficult. However, wrongful termination suits are not impossible to win. If you have been wrongfully terminated, it is important to speak with an experienced attorney who can help you understand your rights and options.
How To Prove Wrongful Termination
If you believe that you were wrongfully terminated, there are several things that you can do to help build your case. First, gather any documentation related to your employment, including your job application, performance reviews, email correspondence, and text messages.
Next, speak with witnesses who may have seen or heard something that could help your case. Finally, it is important to speak with an experienced attorney to help you understand your rights and options.
What Are Some Possible Remedies for Wrongful Termination in Concord, NC?
Financial compensation is the most frequent remedy in successful wrongful termination cases. If you are a victim of wrongful termination, you may be entitled to several different types of damages. These can include:
- Lost wages
- Lost benefits
- Emotional distress
Can I Get My Job Back in Wrongful Termination Lawsuits?
In some cases, it may be possible to get your job back if you have been wrongfully terminated. This is known as “reinstatement.”
However, in other cases, reinstatement may not be possible. If your employer has gone out of business or if your position has been eliminated, you may not be able to get your job back.
What Are the Chances I Will Win My Wrongful Termination Lawsuit?
The chances of winning a wrongful termination lawsuit will vary depending on the facts of your case.
If you have been wrongfully terminated, it is important to speak with an experienced attorney who can help you understand your rights and options.
An experienced attorney will be able to evaluate the strength of your case and help you understand your chances of success.
Contact our Wrongful Termination Lawyers in Concord, North Carolina
No one should have to worry about losing their job unjustly. If you think you have been wrongfully terminated, contact an experienced attorney to discuss your case. At The Law Offices of Jason E. Taylor, we understand employment laws in depth.
We can help you understand your rights and options, and they can help you recover damages if you have a valid claim. Don’t wait – the sooner you speak with an attorney, the better.