Charlotte Wrongful Termination Lawyer
Losing your job can lead to a host of worries ranging from financial stability concerns to wondering why you were fired. You might wonder if the loss of your employment could qualify as an instance of wrongful termination, and if so, what damages you could be entitled to. A Charlotte wrongful termination lawyer from The Fuller Law Firm, P.C., can advise you about your options, given your particular situation.
We can help you determine whether your termination was wrongful and if so, the damages to which you could be entitled. Collecting damages for wrongful termination requires gathering evidence to prove that the reason was wrongful, then measuring your future damages, and finally requiring your former employer to pay them. Through a successful wrongful termination claim or lawsuit, it is possible to receive compensation to cover your back pay, and in some instances. punitive damages or even job reinstatement might be available as options.
North Carolina is an “At-Will-Employment” State
North Carolina, like many other states, provides both workers and employers with the ability to begin and end employee-employer relationships at any time, with or without reason. This is a benefit to both the worker and the employer, as they are free to do as they please in terms of work without the risk of being financially penalized for exercising this freedom. There are however some exceptions, and whether or not your employer’s actions violate your rights will depend upon the unique facts and circumstances of your termination and the background behind it. This is why it is best to speak with a Charlotte wrongful termination lawyer at The Fuller Law Firm.
According to the North Carolina Department of Labor (NCDOL), employment-at-will means that without a particular law to protect employees, or unless there is an employment contract in place specifying otherwise, an employer can treat their employees “as it sees fit (including the assignment of demeaning tasks).” Further, the employer is able to discharge the employee at the will of the employer for any reason or no reason at all.
Essentially, in North Carolina, an employer can fire an employee at any time, with or without reason, unless:
- The law protects the employee from the employer’s actions, or
- An employment contract prevents the employer from engaging in the action under question
Being an employee in an at-will employment state without an employment contract can expose you to termination at any time, with or without reason. However, a termination that is deemed wrongful is not allowed, and consulting with the Charlotte wrongful termination lawyers at The Fuller Law Firm will help determine if you can bring a claim because your termination meets the legal definition of wrongful.
Research and Preparation Ensure that Legal Efforts are Constructive and Productive
Before investing your time, effort, and potential attorneys’ fees into pursuing a wrongful termination lawsuit, it is important to understand the reasons behind your job loss. Without a thorough understanding of the reasons you were terminated and obtaining proof and records surrounding your job loss, it can be difficult to pursue a claim. Charlotte wrongful termination lawyers like us will carefully review the available facts to determine if a wrongful termination suit might be available.
By working with an experienced employment attorney from The Fuller Law Firm, P.C., you will be able to determine if you have a solid foundation upon which to build a case. If we can assist, we’ll discuss options on how our attorney-client relationship works before we get started.
A Charlotte Wrongful Termination Lawyer at The Fuller Law Firm Can Explain When You Can File a Wrongful Termination Case in North Carolina
When it comes to the health and safety conditions in the workplace, employees have a variety of federal and state standards to turn to for support. This means that you are able to bring a successful claim for wrongful termination damages if a protected status was the reason for your termination and was thereby illegal.
If the reason for your termination was not due to any of the protected classifications detailed above, then your termination may be subject only to a private contract you may have with your employer or a related labor contract. A review of your employment contract with a Charlotte wrongful termination lawyer at The Fuller Law Firm can determine if you might have some rights in terms of reasons behind your termination, but absent such rights the at-will employment nature of North Carolina will make it difficult to pursue a claim.
Whistleblowers are Protected from Retaliatory Termination
Through the Whistleblower Protection Program enforced by the United States Department of Labor (USDOL) and through other means, employees are protected when they report employers for unsafe conditions in the workplace. An employer is prohibited by federal law from retaliating against an employee if they exercise their rights through the USDOL’s whistleblower protection laws. These laws protect employees from employer actions including but not limited to:
- Firing or laying off
- Denying overtime or promotion
- Reducing pay or hours
If you have reported your employer’s violations in terms of workplace health and safety and believe you may have been retaliated against because of it, you could have a claim rooted in federal law. The highly experienced employment attorneys at The Fuller Law Firm, P.C., have decades of combined experience helping clients collect what they deserve, and because our founding partner Trevor M. Fuller can practice in a number of state and federal courts across the country, we can pursue your federal law-based cause of action in many places.
How is Retaliation Defined?
The DOL defines retaliation as when an employer, through one of their agents, like a supervisor, manager, or administrator, fires or takes another adverse action against an employee after they have engaged in a protected whistleblower activity. An adverse action is any action undertaken by an employer that would dissuade a reasonable employee from revealing concerns about a possible violation or from engaging in another relevant protected activity.
Determining if you have experienced an adverse action that would qualify under the DOL’s definition requires a comparison of your situation to the law and the outcome of similar cases. This highlights the value of working with an experienced Charlotte wrongful termination lawyer like those at The Fuller Law Firm to help with your wrongful termination claim.
Connect with a Charlotte Wrongful Termination Lawyer at The Fuller Law Firm, P.C.
Being wrongfully terminated from your position in North Carolina can entitle you to a claim for damages including but not limited to lost wages, future lost earnings, and even punitive damages in some cases. Identifying whether the reasons for your termination were wrongful requires the collection of evidence and a careful review of the facts under the relevant and oftentimes complex statutes and case precedents.
Working with a Charlotte wrongful termination lawyer at The Fuller Law Firm from the start can help you build the strongest case possible with the strongest evidence. To learn how we can help on your case, give us a call at (704) 659-5600, or visit our site to schedule a consultation.