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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
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Experience:  Significant experience in all areas of employment law.
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Can an at will employer in NC fire an employee for failed

Customer Question

Can an at will employer in NC fire an employee for failed work ethic, to turn around and have a different location within the same company offer them a job?
Submitted: 1 month ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 1 month ago.

Hello and welcome. I'm not sure I understand the situation exactly. Can you explain specifically what happened?

Customer: replied 1 month ago.
I was told the location I was working no longer had a spot for me, I had been there 6 years. I asked for a reason, they said it was failed work ethic. I was fired. No papers signed and told I didn't have to finish my scheduled shifts. Received a offer days later for employment within the same company just a different location. Is that illegal? Was it discrimination that I was chose?
Expert:  Patrick, Esq. replied 1 month ago.

Thank you for explaining.

No, this is not illegal. It sounds like you were valued as an employee and the company wanted to retain you despite their need to reorganize. This is a good thing. Even if you were not rehired, though, there still would not be a claim based on the facts you have described. This is because the general rule is that employment is at will absent an agreement to the contrary. At will employment can be terminated for any reason not amounting to discrimination on the basis of a legally protected trait (race, religion, gender, etc.) or retaliation for engaging in certain forms of legally protected conduct (filing a wage claim, taking FMLA leave, etc.). It doesn't matter whether the basis for termination is fair, reasonable or even true.

I hope this clarifies things for you and allows you to move forward. I'm sure this was a very stressful and frustrating situation for you.

If I can clarify anything at all for you, please do not hesitate to ask. It is my pleasure to assist you further if necessary....

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