Retaliation 

Did you act as a whistleblower in regard to company wrongdoing or report health and safety violations the company made to a government authority? Did you raise complaints about not receiving your earned wages? Were you terminated after suffering a work-related injury reported to Workers’ Compensation? 

Retaliating against employees for engaging in this and other legally protected activity is illegal under the North Carolina Retaliatory Employment Discrimination Act (REDA). Such protected activities include filing a complaint for violations of or initiating an inquiry under the: 

• North Carolina Wage and Hour Act 
• Occupational Safety and Health Act 
• Mine Safety and Health Act 
• Workers Compensation Act 

Employers also cannot discriminate against those participating in the North Carolina National Guard.  

Breach of employment contract 

If you signed an employment contract specifying an end date, termination prior to that date could constitute a breach of employment.   

An offer letter is not the same thing as an employment contract. An offer letter can stand alone or be the prelude to a contract, spelling out the responsibilities of employer and employee, job duties, and compensation. It is not legally binding in most circumstances, while an actual employment contract is legally binding.  

Violation of public policy 

If you were terminated because you refused to engage in illegal acts, that is a violation of public policy. You must prove that refusing to violate public policy was the motivating factor behind your termination. 

Charlotte Wrongful Termination Laws 

North Carolina is an at-will employment state. “At-will” means your employer can terminate you at any time for any reason that is not illegal and does not violate a legally-binding employment contract. For workers, it also means they can leave their employer when they want. In either case, neither party has to give a reason.  

As the North Carolina Department of Labor points out, subjecting an employee to undesirable conditions of employment—such as assigning demeaning tasks, being rude, or not permitting employees to see their personnel files— is par for the course under at-will employment so long as those undesirable terms and conditions do not violate established law or an employment contract.  

Role of a Charlotte Wrongful Termination Attorney 

At the initial consultation, a Charlotte wrongful termination attorney gathers information regarding the specifics of your job loss, hostile work environment, or other legal issue you are facing in the workplace.  

Our lawyers perform a legal analysis to assess the strength of the case. Such an analysis might include comparing the employer’s stated reason for the termination, such as poor performance, to the employee’s performance reviews. Since virtually no employer will admit they fired someone illegally, the key is proving that the stated reason for the termination is false.  

For example, perhaps you lost your job shortly after engaging in a protected activity such as filing a workers’ comp claim, requesting a reasonable accommodation for your disability, or requesting FMLA leave to which you are entitled. When an employee’s protected activity is followed by swift termination, that often indicates the termination was wrongful, despite the reason given by the employer.  

Strategies for resolving wrongful termination claims revolve around negotiations and settlements with the employer’s legal counsel, and where applicable, their insurance company. While most wrongful termination claims are settled, your attorney can proceed with litigation if the employer fails to agree to a fair settlement.  

Steps to Take When Facing Wrongful Termination  

When you are wrongfully terminated, it is perfectly natural to feel shocked, angry, and upset. However, it is critical that you maintain composure and document the termination and events leading up to it as thoroughly as possible

What evidence might be relevant depends on the situation. Relevant evidence may include emails, text messages, pay stubs, logs of work hours, or statements made by supervisors or other employees. You might prove that the company did not follow its established procedures in letting you go. If you have evidence that other employees are engaging in the types of activities that resulted in your termination without any disciplinary action–such as absenteeism or tardiness–document that.  

After gathering as much evidence as possible, contact an attorney to determine whether your claim has merit. Obtain legal counsel promptly. It is vital that you understand your rights after a wrongful termination as there are some laws that require you to file an agency charge or complaint within a certain number of months thereafter in order to preserve your claim.