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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 88662
Experience:  20+ Years of Employment Law Experience
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I was discharged from a salaried position as a process eng

Resolved Question:

I was discharged from a salaried position as a process eng . There was an incident in the process when a process vessel experienced a flame-pop.
There had not been a "formal safety review" prior to the event.
The process had been discussed with others.
I WANT MY JOB BACK. CAN YOU HELP ME?
Submitted: 10 months ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

Please understand that we cannot represent anyone from this site, the most we can provide you is information about your situation. If you would be satisfied with that (although the law may not be favorable to you), then please tell us were you discharged because of this incident? Did you have a written contract for employment with this employer?
Customer: replied 10 months ago.

The discharge was for this incident only. Previous Performance Reviews were glowing. I worked 15-25 hrs over time per week prior to and during the process runs. I had no idea this was coming. There have been incidents before where there are flame-fire pops in the process vessels. The contents are highly flamable. But, there were not any discharges.

Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your response.

Unfortunately, without any written contract to the contrary, you are an at will employee, did you have a written contract stipulating you could only be terminated for good cause?
Customer: replied 10 months ago.

I am not aware of this type of contract. I believe it was to make an example for all to observe.


Would I have any chance if I contracted an attorney?

Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your response

I am afraid that employment in NC is at will, which means the employer can fire you for no reason at all or for any reason other than only based on your age/race/sex/disability and your sole recourse is in unemployment. In an at will employment situation, there is no such thing as wrongful discharge NC unless it was based only on your age/race/sex disability. If the employer fights you getting unemployment, then you can fight this one incident being sufficient misconduct to warrant termination, but if this was a safety issue that you were responsible for, I am afraid you are going to have a tough battle. Either way I am afraid, your only recourse here even with an attorney is fighting in unemployment.



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Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 88662
Experience: 20+ Years of Employment Law Experience
Law Educator, Esq. and 11 other Employment Law Specialists are ready to help you

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