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Christopher B, Esq.
Christopher B, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 2982
Experience:  associate attorney
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After 20 plus years I was terminated. I went onto

Customer Question

Hello, after 20 plus years I was terminated.
I went onto disability after I broke my leg and everything turned sour. I did provide my employer fee earning days during that time. I was a transfer from the uk to the USA 16 years ago.
I was the only female in the team up until Jan 2016 when they hired another who was not yet fee earning, My employer did give me a performance review wher everything was average in Jan then the following week gave me a warning for December activity, then because the client thanked the company sent a well done compliment .
Are there any grounds for unfair dismissal. I live in N Carolina
Submitted: 1 year ago.
Category: Employment Law
Expert:  Christopher B, Esq. replied 1 year ago.
My name is***** and I will be helping you with your question today. This is for informational purposes only and does not establish an attorney client relationship. North Carolina is an at-will state so an employer can fire you for any reason, valid or not, as long as it was not based on discriminatory reasons. Frankly (please read the following information), it does not look as though anything you have described is a valid reason to file suit under NC or federal law. Also understand that I am assuming that you did not have an employment contact as you would have a cause of action if your employer did not follow the procedure for firing to a tee under any employment contract. Under federal law, it is illegal for an employer to fire an employee based on a protected characteristic. Federal law prohibits employers from firing employees based on race, color,national origin, sex, pregnancy, religion, age (if the employee is at least 40), disability, citizenship status, or genetic information. However, only employers with a minimum number of employees must comply with these laws. Most types of discrimination are prohibited once an employer has at least 15 employees. However, for age discrimination the minimum is 20 employees, and for citizenship status discrimination the minimum is four employees. North Carolina law prohibits employment discrimination based on race, color, national origin, sex, religion, age, disability, genetic information, HIV or AIDS, military status or service, and sickle cell or hemoglobin C trait. North Carolina employers must comply with these laws if they have at least 15 employees.These laws also make it illegal for an employer to retaliate against you for asserting your rights. For example, if you complain to your company’s HR department that you believe you were passed over for promotion because of your age, your employer may not discipline or fire you for your complaint. Likewise, your employer cannot fire you for participating in an investigation of a discrimination complaint (no matter who made the complaint), testifying in court, or making other efforts to stop discriminatory practices.Before filing a discrimination or retaliation lawsuit, you must file a complaint with the appropriate government agency. In North Carolina, the Employment Discrimination Bureau enforces the state’s laws prohibiting discrimination; the Bureau has offices in Raleigh. In many cases, state fair employment practices agencies will record your complaint with the Equal Employment Opportunity Commission (EEOC), the agency that enforces federal anti-discrimination laws. However, you should check to make sure. If not, you may also have to file a complaint with the EEOC; you can find contact information for the nearest office at the EEOC’s Field Offices page. Please let me know if you have any further questions and please positively rate my answer if satisfied. There should be smiley faces or numbers from 1-5 to choose from. This extra step will cost you nothing extra and will ensure that I will be compensated for my time by the site.
Expert:  Christopher B, Esq. replied 1 year ago.
Just checking back in, do you have any further questions?