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What rights do I have after being fired for being involved…

What rights do I...

What rights do I have after being fired for being involved in an accident on the job. I am 61 and have lung cancer and in treatment and feel like I will have a very hard time finding another job. I have worked for this company for nine years.

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

North carolina

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

No union full time

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Not sure. like what?

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Answered in 3 minutes by:
2/13/2018
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,352
Experience: Employment/Labor Law Litigation
Verified

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

Unfortunately, in employment law, unless you had a contract of employment specifically stating that you could only be terminated for cause, and accidents weren't listed among those, you could be terminated for this situation. That is because without such a contract, your employment is "at will" and can legally be terminated at any time, with or without cause.

Therefore, unless you can argue here that you are being unfairly targeted based on your age or current disability (cancer is considered an ADA disability), this termination would be legal. If you can show that others who were younger or weren't disabled had accidents and were allowed to work, then you can reasonably argue something called 'disparate' or differing treatment. You could file a complaint with the EEOC and have the matter investigated.

However, if the employer's normal response for others is also termination, there is not anything that the law can do here to help you.

If you have any further questions or other facts that you would like me to consider, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a three, a four or preferably a five star rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Also, feel free to request me in the future, if you have questions concerning a different matter.

Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,352
Experience: Employment/Labor Law Litigation
Verified
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Allen M., Esq.
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,352
20,352 Satisfied Customers
Experience: Employment/Labor Law Litigation

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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).

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