How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Legalease Your Own Question
Legalease
Legalease, Lawyer
Category: Employment Law
Satisfied Customers: 16288
Experience:  13 years experience in employment law, unions, contracts, workers comp law
20355756
Type Your Employment Law Question Here...
Legalease is online now
A new question is answered every 9 seconds

I was wrongfully fired from my job on Monday. I have never

Customer Question

I was wrongfully fired from my job on Monday. I have never been written up and/or have I ever called in. I feel this was unfairly done. Do you think I should pursue this any further?
Submitted: 5 months ago.
Category: Employment Law
Expert:  Legalease replied 5 months ago.

Hello there --

-

I am surprised that a local lawyer would refer you to our website unless it is to answer your questions. We do not represent customers in an offline capacity and in the event that a customer wants to take further legal action, we then refer to local attorneys. I can give you an overall assessment of what your could or could not do and why if that is what you are seeking ?

-

MARY

Customer: replied 5 months ago.
please. The lawyer said you would refer me to someone in my area that cann assist me with this matter.
Expert:  Legalease replied 5 months ago.

Hello again --

-

Unless you are a union employee or you have a written contract with the employer, then you are generally and employee at will which means that an employer can terminate you for any reason or for no reason at all. If you are not a union employee and you do not have a written contract with the employer specifically between yourself and the employer, then you will have recourse against an employer for wrongful termination only under the following circumstances: (A) There is a written employment handbook by the employer that is distributed to all employees (and all employees are expected to follow it) then the employer is also expected to follow their own written handbook -- and so if the employer set forth in a written handbook any procedures that must be followed prior to warnings being issued and termination, then the employer must follow its own guidelines and if the employer did not do so, then you can sue the employer for wrongful termination under a breach of contract theory of civil law; OR (B) if you feel you have been discriminated against due to your race/national origin, gender, age (over 40), disability, religion or sexual orientation and that any employment decisions were made by the employer or any of your supervisors working for the employer due to any of these biases. then you have a wrongful termination / discrimination lawsuit against the employer and you can file a complaint with the US equal employment opportunity commission (EEOC) -- but you must file such a complaint within 6 months of the termination date or you lose all rights to make a claim against the employer.

-

If neither of the above scenarios is applicable to your situation and the reasons for your termination, then unfortunately, the employer can fall back on the employee at will laws and basically defend against any action brought by you by stating that they had the right to terminate your employment (and anyone else, for that matter) for any reason or no reason under the at will employment laws. In the event that you did follow all of their rules and they did not give you any real reason for the termination then this could be a lay off in disguise and I urge you to apply for unemployment benefits in this matter. You see, even though the employee at will laws permit an employer to terminate an employee relationship for any reason or for no reason at all, the employer must still have a valid reason for termination to present to the unemployment compensation department in NC (and in any state) and if the employer cannot come up with a valid reason for the termination then the unemployment department will pay you weekly or bi weekly unemployment benefits that get charged against the employer's unemployment tax account that they have to pay to the state every year.

-

I hope that helps. Please let me know if you have any further questions regarding this issue and I am happy to answer them for you. If you have no further questions, can you please press a positive rating in the star rating section above so I will be paid for my time assisting you today. I am paid nothing unless you press the middle star or the fourth or fifth star to the right of the middle star in the ratings section above these message boxes. We are not paid an hourly wage and our only compensation is when a customer is conscientious enough to leave a positive rating in the rating section above. THANK YOU VERY MUCH and THANK YOU FOR USING JUST ANSWER.

-

MARY