Have Legal Questions? Ask a Lawyer Now.
Thank you for the additional information.
Unfortunately, in your scenario, unless you have an employment contract with a specific term length, you are considered an "at will" employee. There are not too many protections to at will employees provided by North Carolina. No prior warnings need be given by the employer, and the employer has the right to terminate any employee "at will".
That being stated, your strongest basis for a wrongful termination lawsuit would be premised upon a claim of discrimination practiced by your ex-employer. You would need to demonstrate a pattern and practice of discrimination against you based on you age, sex, gender, race or ethnicity.
With regards XXXXX XXXXX right to review your personnel files, North Carolina General Statutes Section 126-24 permits the employee to review certain information contained in his or her confidential personnel files. Here is the relevant portion of the law:
All other information contained in a personnel file is confidential and shall not be open for inspection and examination except to the following persons:
(1) The employee, applicant for employment, former employee, or his properly authorized agent, who may examine his own personnel file in its entirety except for (i) letters of reference solicited prior to employment, or (ii) information concerning a medical disability, mental or physical, that a prudent physician would not divulge to a patient. An employee's medical record may be disclosed to a licensed physician designated in writing by the employee;
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).