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Labor Laws in North Carolina

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  • Labor Laws in North Carolina

    Hello,

    i am originally from NYC and i am trying to understand the Labor Laws of NC. I have been working at a fast-food restaurant for a little over 3 months. During the last 2 weeks, a NEW General Manager has come in. This new manager has stated that he is cleaning house. He is hiring 20 new employees and getting rid of the employees that been there before he got there. I am not sure if I am one of those employees that he is getting rid of. Just yesterday, while i was at work, he hired 6 new employees. I have never been written up, never late, no issues or problems. Other employees stated to me that North Carolina is an "AT-WILL" state which means that anyone can get fired for no reason at all. Is this true?

    The new manager also stated that whoever he fires he is not giving out unemployment. I am starting to look for a new job because I don't know what this new manager is going to do.

    Someone please explain to me the Labor Laws and Rights of Employees in NC. Can this new manager just fire people without any reason? Any recommendations on what I should do. All responses are accepted. Thank you

  • #2
    Every state is an "at will employment" state except Montana, and even there, some times. So yes, this is legal.

    However, the employer does NOT decide who gets unemployment benefits; the state does. Is this the first job you've had in NC?
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      Originally posted by Pattymd View Post
      Every state is an "at will employment" state except Montana, and even there, some times. So yes, this is legal.

      However, the employer does NOT decide who gets unemployment benefits; the state does. Is this the first job you've had in NC?
      I have been living in NC for 3 years now. This is NOT the first job I've had in NC. But this is the first job that I may possibly be getting fired from. I never knew that they at will states can just fire you for NO REASON at all.

      Where I am from NYC, my past employer could only fire someone if they had poor job performance, write ups, etc. What do you think i should do...At this present time, I am looking for other employment because I just dont know.

      Yesterday while at work, I even stated to this New Manager: If you are going to fire me let me know, don't blind side me. The funny thing is that, I work night shift 5pm-2am. He has NEVER worked with me, I barely see this new manager, so I am just left wondering!!!

      Comment


      • #4
        They could have fired you for "no reason at all" in NY, also. That's what "at will employment" is. Employees can be fired at any time for any reason that does not violate a specific law; conversely, an employe can quit at any time for any reason. This is assuming, of course, that there is no bona fide employment contract or CBA specifying otherwise. It's not all that unusual for a new manager to "clean house" and it's perfectly legal.

        If you are let go, file for unemployment immediately. Assuming you financially qualify, you should be granted benefits no problem. The employer has the right, of course, to appeal, but based on what you have posted, the appeal would be denied.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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        • #5
          Begin looking for a new job but do not quit. If they do fire, immediately file for unemployment.

          As stated, the employer may dispute the unemployment, but at the end of the day the State is the one who makes the decision.

          If the employer disputes, you will have an opportunity to appeal. Keep on top of the process because you do not want to miss any appointments or deadlines.

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          • #6
            http://en.wikipedia.org:80/wiki/At-will

            Agree with the other responders - if you are terminated (fired), file for UI benefits.
            Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

            Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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            • #7
              What they said. BUT - have you approached the new GM and explained that you've only been there a few months and would love to stay? AND explain what you bring to the job and why you're an asset to the company and would continue to be so under new management, as you weren't there long enough to have developed an 'investment' in doing things a certain way?

              Do you know WHY he wants to replace everyone? Does he have his own pals he wants to bring in or is he looking to clean out those who were pals with the old GM and didn't do their work?
              I am not an attorney, and don't play one on TV. Any information given is a description only and should be verified by your attorney.

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              • #8
                And employment at will also means you can leave your job as well without any notice. It does go both ways.

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                • #9
                  Originally posted by angel_28 View Post
                  And employment at will also means you can leave your job as well without any notice. It does go both ways.
                  Unless there is an employment contract to the contrary - then there would be
                  possible consequences.
                  Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                  Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

                  Comment

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