What Evidence Do You Need to Prove Wrongful Termination?
North Carolina is an at-will state, meaning that employers generally do not have to provide a reason for termination. However, that does not mean employers can terminate employees for any reason whatsoever. Generally speaking, employers in North Carolina cannot terminate an employee if they are motivated by that employee’s protected characteristic or protected activity, or if the termination is contrary to a public policy in this State. The Noble Law understands the serious consequences that wrongful termination can have, including …
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How to Tell If You’ve Been Wrongfully Terminated
Most employees work on an “at-will” basis, meaning they can be terminated at any time for any reason – except for an illegal reason. However, an employee with a contract is technically not an at-will employee. Also, there are over 100 federal laws and numerous state laws that prohibit discrimination or retaliation on various bases. For example, if you filed a workman’s comp claim and received notice of termination shortly after that, you want to know if that is legal. …
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How to Handle Wrongful Termination Claims in a Remote Workforce
In general, the law provides the same protections to remote workers as with in-office workers when it comes to wages, overtime, paid leave, workplace discrimination, and wrongful termination. If you work remotely in a different state than your employer and have been terminated from your job illegally, you have the right to take legal action, though which state’s laws apply to your claim will depend on several factors. See below for information on how to determine which state jurisdiction applies …
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The Use of Severance Agreements in Tech Layoffs
Raleigh, Durham, and Charlotte are among the top tech hubs in the country. Recently, major companies in Research Triangle Park announced layoffs, job cuts, and workforce reductions, all part of a national downturn trend in tech. The widespread use of severance agreements in the tech industry may blunt the initial effects of job loss. Severance agreements include not only financial compensation after the layoff but health insurance and other benefits. Remember that you do not have to accept your employer’s …
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How to Determine if You Qualify for Wrongful Termination?
Layoff announcements from companies in the technology and finance sectors have unleashed an atmosphere of fear among employees who are concerned about whether their jobs are secure. There are no laws that prevent companies from cutting their workforce. Nonetheless, a company cannot use downsizing as a pretext to fire an employee for discriminatory or other unlawful reasons. The South Carolina employment lawyers at The Noble Law represent employees in wrongful termination lawsuits against their former employers. Determining your eligibility to …
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What Are the Basics of a Severance Agreement?
The basics of a severance agreement include the timing, announcements, and monetary and non-monetary considerations, such as non-disparagement, reference-ability, and non-competes. An experienced executive compensation disputes lawyer at The Noble Law can help you with your separation agreement at the beginning or end of employment. We know how important it is that you receive a fair severance agreement, and we will advocate for you in the name of those rights. We represent our clients in a professional and classy manner …
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Wrongful Termination and the Employee’s Duty to Mitigate Damages
In regard to employment laws, most states are considered “at-will” employment states. This means that either the employee or the employer may terminate an employee at any time and for any reason. However, regardless of a state being “at-will,” there are certain times in which the ending of an employment relationship by an employer will be considered “wrongful termination.” Wrongful termination occurs when an employee is unlawfully terminated, usually in breach of state or federal employment laws. The most common …
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Emotional Distress Damages Allowed in Wrongful Discharge Suit
While North Carolina follows the employment at will doctrine, North Carolina courts recognize specific exceptions to that doctrine based upon a violation of public policy. If an employer terminates an employee for reasons that violate a specific expression of state public policy, the plaintiff may pursue a wrongful discharge claim to remedy the personal injury suffered. Very recently, the North Carolina Court of Appeals analyzed the kinds of damages that a jury may award in a successful wrongful discharge action. …
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Wrongful Discharge Claims Under North Carolina Law Must Plead a Specific Public Policy Basis to Avoid a Motion to Dismiss
In the recent case of Horne v. Cumberland County Hosp. Sys., 2013 N.C. App. LEXIS 720 (2013), the North Carolina Court of Appeals held that when a plaintiff alleges wrongful termination in violation of the state’s public policy, the complaint must allege “specific conduct by a defendant that violated a specific expression of North Carolina public policy.” (quoting Considine v. Compass Grp. USA, Inc., 145 N.C. App. 314, 321-22, 551 S.E.2d 179, 184 (emphasis added), aff’d per curiam, 354 N.C. 568, 557 S.E.2d 528 (2001)). The court further explained that …
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