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Wrongful Termination North Carolina

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  • jb2009
    started a topic Wrongful Termination North Carolina

    Wrongful Termination North Carolina

    I was fired from my job 3 months ago and told that I was fired for violating some company policy that they could not prove to me. I was just awarded unemployment from the state of NC and thier findings were that i did not violate or break any rule that the company alleged. My question is can I now sue to be reenstated to my old job plus back pay ?

    Thanks

  • Morgana
    replied
    The fact that you meet the requirements for unemployment has absolutely nothing to do with being reinstated to your job.

    I have never heard UI determine that an employee did not break a rule or policy. They generally say that there isnt enough evidence to support the employer's position that a rule or policy was broken or that the employee hadnt done due dillegence in informing the terminated employee of the policies and/or consequences of not following policies.

    It doesnt matter. The employer is under no obligation to reinstate you. Employment at will says that you can be let go for any reason. You were let go and you were awarded unemployment.

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  • cbg
    replied
    That's entirely up to the company. But please be aware that being awarded unemployment benefits does NOT mean that your termination was wrongful or illegal - it means that you were not terminated for a reason that disqualifies you for benefits. Period.

    The UI office does NOT determine the legality of a termination. They determine the employee's qualification for benefits. The vast majority of people collecting benefits were legally (i.e. not wrongfully) terminated.

    The employer may have been mistaken about what you did and did not do, but that does not make your termination illegal or wrongful. Unfair, possibly. Illegal, no.

    A wrongful termination exists not when you are fired for something you didn't do, but when there is a specific law in place that prohibits the employer from firing you for the reason they did. Nothing you have posted indicates that your employer violated any laws in firing you or that legal recourse, other than your filing for unemployment, is available to you.

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