Can I Sue an Employer for Wrongful Termination in North Carolina?
At some point in our lives, most of us will lose a job. We may get laid off. We may get fired. It’s one of the worst feelings in the world. A lot of people don’t see it coming. You go to work every day, are on time and work hard. You think your performance is good. You’ve never been written up or warned about your behavior. So, when you’re told you’re fired, you’re completely taken by surprise.
Unless you own your own business, you have to face the reality that you could lost your job. Even people who are given write ups or poor performance reviews don’t expect to get fired. We think we’d be able to tell it was coming. Sadly, very few people are prepared to lose their jobs.
If you’ve ever been let go, you know how difficult it can be to tell your friends and family. Some friends look at you differently as if being unemployed is contagious. Then there’s the family member who tells you everything’s going to be okay. We know they’re trying to be nice, but this is the last thing you want to hear when you’ve been fired.
And then there’s that other family member. The one who tells you to call a lawyer and sue your employer for wrongful termination. They tell you the story about someone they know who did this and got millions of dollars and never had to work again.
In the real world, it doesn’t work this way. A Charlotte personal injury lawyer can tell you this. They know that it’s very difficult to win a wrongful termination lawsuit.
What is Wrongful Termination?
Wrongful termination is exactly what it sounds like. It’s when someone wrongfully fires you from your job. It’s a term used more than it should be. There are very few actual cases of wrongful termination in this day and age.
For the most part, all employees in this country are considered employees at-will. This means that the employee can quit his job at any time, for any reason and without any notice. It also means that employers can fire you for any reason.
Even if you have a contract with your employer, you’re probably considered to be an at-will employee. Your employer has the right to fire you for any reason. They don’t have to give you warning. They don’t have to explain why they did it.
Most people who get fired from their jobs are allowed to collect unemployment. Unless you’re fired for theft or gross misconduct, you should be entitled to unemployment benefits. This is the most common solution to getting fired. Most people don’t consider filing a wrongful termination suit.
If you believe you have a valid wrongful termination suit, you need to call a Charlotte personal injury lawyer.
How Does Your Charlotte Personal Injury Lawyer Prove Wrongful Termination?
In order to prove wrongful termination, your attorney will have his work cut out for him. There are very few successful wrongful termination cases in this country. Most of this has to do with the fact that we’re, for the most part, all at-will employees. The other reason is that it’s so hard to prove.
Your Charlotte personal injury lawyer will have to show the following in order for you to have a shot at winning your wrongful termination case:
- You were fired for an illegal reason
- Your employer fired you for whistleblowing
- Your employer breached a written contract
- You were discriminated against
- You were fired because you refused to engage in sexual relations with your employer or manager
- Your firing was in retaliation
If any of these apply to your case, you may have a valid claim for wrongful termination. Even if you win your case, you have to prove damages. Some of the things the court will look at include:
- How long were you at your job?
- Did you make every effort to find another job after being fired?
- How much were you earning?
- Are you earning less now that you’ve had to find a new job?
- Were you denied commissions or bonuses prior to being fired?
- Has your reputation in your field been damaged because of being fired?
All of these things can be determined by a judge or jury. If they find that you deserve compensation, they may award you damages.
Call and speak with a Charlotte personal injury lawyer to discuss your case. You can schedule your free initial consultation today. This lets you sit down with an experienced personal injury lawyer who can let you know if you may have a valid case for wrongful termination.