While at-will employment states basically allow an employer to fire any employee at any time without needing a reason, there are situations in which such termination is illegal.
That is where an employment law attorney at The Noble Law can help. When an illegally terminated employee obtains legal representation, the odds of them receiving a fair outcome increase significantly.
Understanding Wrongful Termination
The unfortunate fact is that most terminations in North Carolina are not wrongful, at least by legal standards. As an at-will employment state, North Carolina employers do not require good cause to fire employees. Wrongful termination occurs when the firing is illegal.
The most common reasons for wrongful termination claims include discrimination based on a protected class, such as an individual’s race, color, disability, religion, age, gender, sexual orientation, and sexual identity, as well as retaliation for whistleblowing, a violation of public policy, or breach of an employment contract.
Signs You May Have a Wrongful Termination Case
If any of the following situations apply to your firing, you may have a wrongful termination case:
- Unjust or unfair firing circumstances: Many firings are unfair, but whether they are unlawful depends on the circumstances. For instance, if an employer makes sexual advances to an employee and then fires them when rebuffed, the terminated employee may have grounds for a wrongful termination case.
- Discriminatory remarks or behaviors leading to termination: It is illegal to fire someone based on race, gender, religion, color, national origin, disability, age, or pregnancy. For example, if an employer references your age and states they want younger people on the job before the firing, you may have an age discrimination case.
- Evidence of contractual breaches: If your contract clearly states you were hired for a specific length of time, for completion of a particular project, or other factors, and you were terminated in breach of the contract, you may have a wrongful termination claim. The wording of a contract can prove that you were not an at-will employee.
- Retaliation after reporting unethical or illegal activities: It is illegal to fire an employee based on their whistleblowing activities or for filing a harassment complaint, but many employers try to do so anyway.
The Role of a Wrongful Termination Attorney
A wrongful termination attorney at The Noble Law evaluates your case and provides legal advice as to whether your wrongful termination is sound. If you retain an attorney, they will advise you about the type of evidence needed to prove your claim, as well as the best method of presenting that evidence to convince others of your case’s value.
After gathering evidence supporting your claim, your attorney will work with your employer to negotiate a settlement. If your employer does not agree to a fair settlement, we can potentially take your case to court. Our attorneys are experienced in the litigation process and using it to our clients’ advantage.
How a Winston-Salem Wrongful Termination Attorney Can Help
Getting fired is often traumatic for several reasons. That is especially true if you think the termination was unwarranted or illegal. We will help you file a complaint with the EEOC and navigate the complexities of a wrongful termination claim.
Frequently Asked Questions
How long do I have to file a wrongful termination claim?
It depends on the type of claim. The EEOC’s statute of limitations for filing a wrongful termination claim based on discrimination is six months from the termination date. Other deadlines vary by claim. It is in your best interest to contact an attorney as soon as possible to ascertain all relevant deadlines.
What kind of compensation can I expect?
In a wrongful termination case, compensation may include lost wages, benefits, legal fees, and in some case, emotional distress damages. Reinstatement may also be appropriate, though that outcome is relatively rare.
Can I settle my case out of court?
Yes, many wrongful termination cases are settled out of court. It rarely benefits either party to try a case in court, but our attorneys are ready if necessary.
What are my chances of winning a wrongful termination lawsuit?
There is no guarantee of success when pursuing an employment law claim. In general, the value of a case is dependent on the total amount wages lost, the evidence for compensatory damages, and the strength of your evidence, which needs to show that the reason for termination was more likely than not an unlawful reason.
No matter how high damages can be calculated, you get nothing if you cannot prove the employer is liable. Conversely, proving that the other side wronged you is a victory in name only if you do not have significant monetary damages to recover. For these reasons, it is crucial that you consult with an experienced attorney like the ones at Noble Law to determine the value of your specific case, and how best to realize that value.
Why Choose a Local Winston-Salem Attorney
When you choose a local Winston-Salem attorney to represent you, your lawyer possesses more than a deep knowledge of North Carolina employment laws. They are also familiar with local courts and procedures. You will receive personalized and accessible legal support.
A local attorney like ours at The Noble Law has a reputation in the community. You can ask for client references or check out client testimonials if you need proof of success before moving forward.
Contact a Winston-Salem Wrongful Termination Lawyer Today
If you believe you were wrongfully terminated, contact a Winston-Salem Wrongful Termination Attorney today. Schedule a free, no-obligation consultation. Here is our office location.