If you have been unlawfully fired from your job in the Raleigh region of North Carolina, or if you suspect that your firing violated your rights as an employee, The Noble Law is ready to listen and fight for justice on your behalf. NC is an “at will” employment state, which means that employers typically have the right to fire workers for any reason or no reason. There are many exceptions to this rule, however, and strong state and federal laws are in place to protect the rights of employees. Our Triangle wrongful termination lawyers can help you explore all of your options for legal recourse.
Keep reading to find out what it means to be unlawfully discharged, and why the assistance of an employment law attorney is critical for wrongful termination cases.
What Is Considered Wrongful Termination?
Wrongful termination occurs when an employer fires a worker for an illegal reason. Yet in at-will employment states like North Carolina, it can be difficult to determine what constitutes unlawful dismissal.
At-will employment does not permit employers to terminate an employee for any reason that would constitute a breach of that employee’s contract. That is why our attorneys typically ask to see your contract first during a new-case consultation.
It’s also considered wrongful termination if you are fired based on discriminatory grounds. These refer to qualities or characteristics that are protected under state and federal anti-discrimination laws.
While there are exceptions, employers typically do not have the right to dismiss workers in retaliation for reporting unsafe or illegal workplace conditions and practices, including discrimination, harassment, and hour and wage violations. Employees who file complaints or participate in investigations regarding these violations may be protected from retaliation under Federal and State whistleblower laws.
Workers who are fired for utilizing certain benefits like Workers’ Compensation or unpaid, job-protected leave under the Family and Medical Leave Act (FMLA) may have grounds to file a wrongful termination claim as well.
Wrongful Termination Based on Discrimination
Discrimination is one of the most common grounds for wrongful termination claims. Federal and state laws protect North Carolina workers from being fired or otherwise penalized simply because of their association with certain protected categories.
These categories include:
- Age
- Ancestry
- Color
- Disability
- Ethnicity
- Marital Status
- Military status
- Race
- Religion
- Sex
- Sexual Orientation
- Gender Identity
- Veteran status
If you have reason to believe your dismissal is based on being a member of a protected group, be sure to save communication and other evidence to support your case and contact The Noble Law for assistance.
The Role of a Wrongful Termination Attorney
In an at-will state like North Carolina, legal protections for employees exist as a patchwork of federal, state, and local laws, regulations, and ordinances.
It takes a skilled attorney with a deep understanding of employment laws to prove illegal dismissal occurred and seek the proper legal remedies for their client.
Importance of Legal Representation
There is some gray area when it comes to determining if termination is legal. Outside of the examples mentioned above, termination can happen for virtually any reason—or no reason at all.
Experienced wrongful termination attorneys analyze the facts of your situation, gather evidence to show you were fired illegally, and take the necessary steps to pursue justice on your behalf. With shrewd legal representation, it may be possible to recover compensation for your financial losses and the hit to your reputation.
Initial Consultation
At The Noble Law, every claim begins with an initial consultation. This is the time to share your story and explain why you believe your firing violates the law. We listen carefully to what you have to say and ask questions to gain more insight into your experience. Based on our discussion, we have determined if you have grounds for a possible legal claim.
While we don’t have time to cover every single detail of your claim in this first meeting, you should be prepared to provide a basic timeline of the events related to your case. Bring any documentation you have to support your claim including emails, texts, and audio and/video recordings.
The Legal Process
Now, let’s explore the various steps involved in the legal process beyond your first consultation.
Filing a Wrongful Termination Claim
Once we have determined you have a strong case and are engaged as your legal representative, we will move forward with your claim.
Typically, the first step is to file a complaint with the appropriate government agency, which is often the local office of the Equal Employment Opportunity Commission (EEOC.) In North Carolina, you have 180 days from the date of termination to file a claim with the EEOC.
Your complaint includes details about your termination, the reasons why you feel you were fired, and any laws you feel were violated. We include supporting documentation with your complaint to bolster your assertions.
From there, the EEOC or other appropriate government agency decides if there is sufficient evidence to investigate further. They may request additional information from both parties and even schedule an on-site visit for witness interviews and further fact-finding.
If the government agency determines wrongful termination occurred, both parties are invited to resolve the matter informally through conciliation. If you and your former employer cannot reach a resolution, the government agency can either sue on your behalf, or give you a Notice of Right to Sue.
Employers are often motivated to negotiate out of court to avoid bad publicity. If they refuse to agree to a fair deal through mediation, The Noble Law is ready and prepared to take your wrongful termination case to court.
Building a Strong Case
In North Carolina, the burden is on you, the plaintiff, and The Noble Law as your attorneys, to show your employer’s reason for termination is untrue and illegal. That requires evidence. As we tell all of our clients: when in doubt, document it.
Save notes, emails, and texts. Employment reviews, paystubs, timecards, and statements from your colleagues may also be useful. We can point you in the right direction to gather critical evidence, and we will use any legal tools at our disposal to obtain it.
Potential Outcomes and Remedies
Whether your case is determined by the EEOC, or we negotiate with the other party, the goal is to obtain a fair financial settlement that reflects your losses. Some clients also seek reinstatement of their job.
For wrongful termination civil claims, additional remedies may be possible. We can seek compensation for emotional distress, damage to your reputation, and other noneconomic losses, as well as punitive damages in cases where termination blatantly violates the law.
Our role as your legal team is to pursue the maximum compensation possible to make you whole after a devastating illegal firing. We believe in protecting employees who sustain the local economy and help our communities thrive.
To learn more about the process or to schedule a case review with a wrongful termination lawyer at our Triangle (Raleigh / Durham / Chapel Hill) office location, call or contact The Noble Law online today. We advocate for workers across North Carolina and South Carolina.