Understanding Wrongful Termination in Durham, NC 

North Carolina’s at-will employment doctrine applies when the employer and employee do not have a specific employment contract or collective bargaining agreement. Under “employment at will,” both employers and employees have the right to terminate employment at any time, for any reason, or for no reason at all, EXCEPT for an illegal reason. All U.S. states, except Montana, use employment-at-will. Here are some examples of the types of unlawful reasons that can make a termination illegal.  

Discrimination 

If you were fired based on discrimination due to race, religion, sex, national origin, age, disability, or other protected characteristics, you have grounds for a wrongful termination lawsuit. Such actions violate federal and state anti-discrimination laws, including Title VII of the Civil Rights Act, and the Americans with Disabilities Act (ADA). 

Retaliation 

Dismissing an employee in retaliation for exercising their legal rights, such as reporting workplace harassment or discrimination, filing a workers’ compensation claim, or whistleblowing. It is a violation of the National Labor Relations Act (NLRA) to fire a worker for organizing a union, or for engaging in other concerted activities to improves wages, hours or terms and conditions of employment. 

Breach of Employment Contract 

Terminating an employee in violation of terms specified in an employment contract, whether written or implied. This can include failing to follow specified termination procedures or unjustly firing an employee before the contract term ends. 

Violation of Public Policy 

Firing an employee for reasons that contravene fundamental public policies, such as terminating someone for refusing to engage in illegal activities or exercising their rights (e.g., voting or serving on a jury). 

These actions can lead to legal consequences for the employer, including potential liability for damages such as:  

• Back pay 
• Reinstatement 
• Emotional distress  
• Punitive damages  

Employers must make employment decisions based on legitimate, non-discriminatory reasons and termination procedures must comply with contractual obligations and public policy considerations. 

Steps to Take Before Suing 

If you find yourself in the unfortunate situation of an unlawful firing, it is essential to take several crucial steps. You should:  

1. Document Everything: Keep detailed records of events, communications, and any evidence related to your termination. However, employees are not permitted to snoop for employer documents that the employer did not permit them to see, for example, in the course of performing normal duties. Also, employees can be subject to criminal and civil liability if they access a computer system without permission.
2. File a Complaint: In many cases, you must file a complaint with the Equal Employment Opportunity Commission (EEOC) or a similar state or federal agency before you can sue. This initiates an official investigation into your situation. Legal claims have time limits, so learn the time limits that apply to your claim. 
3. Consult an Attorney: Speak with an attorney who specializes in wrongful termination cases. They can provide guidance and outline the best course of action to pursue. Until you retain an attorney, it remains your responsibility to meet any time limits.

Taking these proactive measures enhances your credibility and increases the likelihood of achieving a favorable resolution through legal action. 

Our Services 

Challenging an employer can be intimidating, which is why you need a dedicated wrongful termination attorney on your side. 

When you choose us, you can expect us to:  

Investigate Your Claim 

 Our team will thoroughly investigate and examine your employment history and the circumstances of your termination. This detailed review allows us to understand the specifics of your situation and identify any legal violations that may have occurred. 

Collect and Organize Evidence 

We will assist you in gathering all necessary documents and evidence, including employment contracts, emails, performance reviews, and witness statements. 

Represent You in Negotiations 

Many wrongful termination cases can be resolved through negotiations. Our experienced attorneys will negotiate on your behalf to reach a fair settlement that compensates you for your losses and emotional distress.  

Prepare for Litigation 

If settlement negotiations fail to resolve your dispute, we are prepared to proceed with litigation. Your attorney will guide you through the legal process, including filing a lawsuit and representing you in court if necessary.