I know this State is “at-will” but:

I was injured at work late last summer & had some minor problems starting Workers’ Comp. However, the 1st of this year I was on a different shift with a “lite-duty” job while still taking prescribed medication from the Dr. Well, between my lite-duty and a remnant of my normal job (advisor), I got a throat infection. Directly related to the toxic fumes in my lite-duty area and my normal area. The employer did not provide any OSHA approved respiration devices for this or any other area in the production areas. And, an employee (on the edge of termination) did not execute adequate ventilation in my normal job area.

Anyway, I took cough medication for my infection which intensified my pain medication, that made my very sleepy and you guessed it. I was terminated for (allegedly) sleeping on the job. Which, for other reasons, I really could not sleep and did not intend to do so.

But wait, I had allegedly threatened to cause harm to 2 employees during this supposedly incident. 1 (as there are many) is a likely undocumented worker and can’t speak English; the other 1 is already “on the edge of termination”. My threat was a normal everyday threat that is plant wide, 24 hours a day. Eg, “I’m going to kick your a_ _, etc, etc”. And, was not towards the Hispanic.

More importantly, the main Witch Hunters (a long story), my now ex-supervisor and his boss separately and recently caught my lite-duty co-worker (of a different race) sleeping on the job & neither did nothing to him, nothing…do I have a un “at-will” case?

Cough medicine doesn't treat an infection. Before mixing meds, you really need to talk to you doctor. Bad idea to take cough meds and pain meds together. Seriously.

If you were sleeping on the job, you can be fired. If you had two coworkers who say you threatened them, you could be fired. The combo would pretty much get you fired from any job. the fact that you admit to threatening others is not going to help you.

Being impaired at work, even if it was due to prescribed medication, can be grounds for termination.
Threats to any employee (minority or not) are also grounds for termination.

You need to check with your physician or pharmacist before you mix meds in the future.

You should look into filing a REDA claim. Sounds like they were looking to get rid of you due to your injury anyway, which is illegal in NC.

And you need to clear up the medical issues so you can avoid getting your eligibility for comp cut off. If toxic exposure caused your throat problems, then file a new comp claim.

You have to be aggressive or they will get away with this crap.

Well my ex-employer did not fight my unemployment claim, so im getting unemployment benefits. In fact, they did not give the State unemployment division a reason for terminating me nor did they appeal my benefits...wonder why:confused:

Still having problems with getting my on-the-job injury resolved with my ex-employers' insurance company. As for my REDA claim [Thank You Mr. Attorney], I have been assigned an investigator.

1 down 2 to go...stay tuned...

My now former REDA investigator told me today that since my Worker' Comp accident happened in Sept. 07 & I was terminated in March 08, the likelihood of the employer Retaliating against me, because of my claim, is time barred (90 days). According to State law.

Which I thought was kind of strange. So, watch out workers in North Carolina with WC claims you could be fired “at-will” after 90 days into your claims. So now I’m waiting on my right-to-sue letter.

Insult to injury and 2 months later, I recently received info from the State Unemployment that the employer had indeed appealed my benefits & now await my telephone hearing.

No wonder I’m no attorney. And the saga continues…

Thats a bummer which is why when in doubt call an attorney right away. Many workers do no know their rights until its to late.
JoeC

Actually you have 180 days from the date of the retaliatory act to file a claim under REDA http://www.ncleg.net/EnactedLegislation/Statutes/HTML/BySection/Chapter_95/GS_95-242.html

The more time that passes between the act and the adverse action, the harder it is to prove they are related. The presumption that they are related only applies when there is a very short span of time between the two acts and no intervening act which would explain the adverse action. After 8 months, you would need to have some reason to believe your employer was harboring some sort of animosity toward you because you filed a claim. The presumption is that an employer isn't going to keep mum and treat you fine for 8 months, then suddenly decide to retaliate.

You do have 90 days from the date of the right to sue letter being issued to file a suit http://www.ncleg.net/EnactedLegislation/Statutes/HTML/BySection/Chapter_95/GS_95-243.html

Well my WC claim was settled out-of-court...for a nice chunk (if I may say so):D
Yet my unemployment benefit claim is in court now. DOH!!
Its funny how NC Labor laws are in the same state, yet some of them seem to be on another planet. (can you say politics at work)
Stay tuned...