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Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20130
Experience:  Licensed Attorney with 29 yrs. exp in Employment Law
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I was what I feel like wrongfully terminated yesterday after

Customer Question

I was what I feel like wrongfully terminated yesterday after 26 years of service. In a quick summary of the situation. I was terminated for the same situation identically that had happened as recently as the week before at the job in which another employee with the same position and title I had was told verbally that he was being insubordinate but was not terminated. I was told I was being insubordinate but had my employment terminated. Also this situation has happened no less than fifty times this year that is documented and none of those situations were handled like mine. The other four employees with the same position has had it happen too each one of them this year and they all are still employed there. Also I know in NC this is a right to work state and an employer does not need a reason to terminate your employment but in the meeting with the HR department and my supervisor, the supervisor gave the reason for why I was being terminated and it's the same reason that other employees were guilty of but are still employed there. Help feeling wrongfully done !!
Submitted: 1 year ago.
Category: Employment Law
Expert:  Marsha411JD replied 1 year ago.
Hello,Thank you for the information and what I assume is your question, which is whether or not you have any legal recourse for your termination. Just to clarify the law in NC, it is an employment "at will" state. "Right to work" has to do with mandatory union membership, "at will" employment has to do with what you are talking about, which is that an employer may terminate an employee for any, or no, reason and with no notice or warning unless the termination would violate a written contract, a written policy, or an employment discrimination law. That means that unless your situation falls into one of the exceptions I mentioned, the employer would acting within the laws even if the termination seemed unfair or misguided. In other words, there is no law that says an employer must make the same decision with every similar situation. They can be arbitrary in their decision unless they are treating one employee less favorably simply because of that employee's race, national origin, sex, age (over 40), disability, religion, pregnancy or AIDS/hiv status. Therefore unless your situation falls within the exceptions I mentioned, there would be no legal recourse. There might be an option to write an appeal letter to senior management, but no legal options. If your situation does fit into one of the exceptions, then you will want to sit down with a local employment law attorney and discuss filing suit. Please let me know if you need any clarification.
Expert:  Marsha411JD replied 1 year ago.
Hello again,
I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 14th. For some unknown reason, the Experts are not always getting replies or ratings (in the pop up box for this question, which is how we get credit (paid) for our work) that the customer thinks have gone through. In your case I received neither. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator.
In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/
Thank you.