The following is an alphabetical summary of key terms that may affect your employment rights. Many of the terms will help you better understand employment at will, discrimination and retaliation and will highlight additional rights that you as an employee may or may not have in the workplace. Hopefully, these terms will also help you in communicating with your lawyer if you decide to seek legal advice.
ARBITRATION - This is a formal process, very much like a trial, to help resolve a dispute. You and your employer agree upon the selection of an arbitrator, usually an outside independent lawyer, who will hear all the evidence and then make a decision. Usually, the arbitrator's decision is binding and it is very difficult to get a court to change the arbitrator's decision. Employment disputes are referred to arbitration because there is some prior agreement between you and your employer agreeing to send a dispute to arbitration rather than going to court. Many agreements will say that the arbitration will be governed by the rules of the American Arbitration Association. Generally arbitration is cheaper and quicker than going to court and it is handled in a private setting. In agreeing to arbitration you give up your right to a jury trial. For more information see, the American Arbitration Association website at www.adr.org.
ASSAULT - Where someone at work, or outside of work, threatens to physically hurt you and takes some action that puts you in reasonable fear that the person will hurt you that may be an assault. For example, if a co-worker shakes his fist at you and says "I am going to beat you to a pulp" or “you better watch your back” that may be an assault even if he never hits you. If he hits you then that is an assault and battery. If you are assaulted you can file both criminal and civil charges against the person. You should also immediately report the incident to your employer.
BATTERY - Where someone intentionally touches you against your will in an offensive manner that is a battery. Even if you are not seriously harmed by the action you may still file both criminal and civil charges against the person. A so-called friendly pat on the back would not be a battery but a man intentionally grabbing a woman's buttock would be a battery. Some types of offensive and harmful touching at work might be covered by workers compensation. For example if the attack arises from a work related incident such as your boss saying "You really messed up the shipping order" and then proceeds to push you over a box that may be covered by workers compensation. If, however, a co-worker says at work that "I saw you with my girlfriend at the bar last night" and then pushes you that probably is not covered by workers compensation.
BLACK LISTING - North Carolina has a specific law that prohibits your former employer from actively trying to prevent you from getting another job. If someone calls your prior job for a reference and they simply answer truthfully why you left your job or why you got fired, that is not blacklisting. To be guilty of blacklisting your prior employer must go around telling other people not to hire you. Blacklisting is also a crime. For more information you might want to look at the specific law which is Section 14-355 of the North Carolina General Statutes.
BONUSES and COMMISSIONS- Money earned as an employee from a bonus plan or a commission agreement is considered wages in North Carolina. Normally, when you leave a company your money should be paid on the next regular pay day after you leave. Sometimes a bonus or commission plan will specify when the money is paid out and specify that you must be employed on the day the money is paid to be eligible to get the money. For example, if the bonus is paid quarterly on a specific date and you left the company a week before that date you may lose your bonus. Always try to get a written description of the bonus and commission agreement and keep a copy at home. Usually a commission plan will specify when you earn the money. For example, some commission agreements may say the money is earned when a customer signs a contract others may say it is earned when the customer makes final payment. If you are no longer employed when the commission is earned you may not be entitled to the money. As part of agreeing to be paid on commissions you might want to get something in writing allowing you to review company records to see how the commissions are calculated. Company bonus plans are often written in a way that the company retains great discretion on whether to pay any money and when to pay the money.
COBRA – If you work for a company with 20 or more employees you may have a right, at your expense, to continue your existing company sponsored health insurance for you and your family for 18 months after you leave the job. In some cases the coverage can continue for as much as 36 months for family members. You must elect to continue the coverage within 60 days of when your insurance ended or when you get the notice to elect COBRA coverage. As long as you pay the required premium in a timely manner there should be no gap in coverage. If you are fired for “gross misconduct” you can be denied COBRA coverage.
COMPUTERS AND EMAILS AT WORK – Don’t expect any personal privacy if you are using a company provided computer or sending emails at work. The company can review any records of internet usage or telephone calls made on company provided equipment. If, however, you have a personal email account that you access on a work computer and the company goes into your personal account without your consent you may have a claim against the company.
CONFIDENTIALITY AGREEMENTS – Sometimes a company will ask you to sign an agreement saying that you will not disclose information about the company. See Trade Secrets. If the company offers you a severance agreement or agrees to settle a claim that you brought against them they may require you keep the terms confidential. The idea is that if the company is going to pay you some money they want you to keep it confidential. The company fears that if other workers know what you got they will want the same or more. Sometimes these agreements will require that you pay back the money if you violate the confidentiality provision.
CONSTRUCTIVE DISCHARGE - This means that you quit your job but you are now trying to argue that you were forced to quit because of certain things that happened at work. You are arguing that the company really fired you because of the way they treated you and that you had no choice but to quit. In North Carolina it is a very difficult to successfully make that argument. Under certain conditions you may still be able to collect unemployment benefits but generally if you quit a job it will be more difficult to bring a claim against the company.
DEFAMATION - When someone makes a false statement about you to another person that may be defamation. If the false statement is spoken it is called slander. If it is written it is called libel. The courts allow some things to be said at work that might not be allowed to be said outside of work. For example, your boss may be allowed to tell other employees why you got fired but if your boss goes around telling customers or people in the general community why you got fired that may be defamation. Sometimes you may have a defamation claim but unless you can show some financial loss related to the defamation it may not make sense to bring the action. If you go around saying false and malicious things about your job you might be sued for defaming the company's reputation.
DISABILITY DISCRIMINATION – If your company is treating you badly because you are disabled or the company thinks you are disabled (even if you are not) or you have a history of being disabled then you might have a claim for disability discrimination. If you have a simple or temporary medical problem you may not be considered disabled under the law. To be disabled you must have a condition that substantially limits a major life activity. If you are disabled but can still perform most of the key portions of your job with some reasonable help, then you need to ask your company to help “accommodate” your disability. You will need something from your doctor describing what you can or cannot do. The accommodation must be reasonable given the type of job you do. For example, if at the end of your shift you need to lift a box weighing 20 pounds but you are unable to do that it, a reasonable accommodation might be to assign someone else to lift the box for you. There is no single definition of reasonable accommodation since it depends on the specifics of your job. A company is not required to completely change your job or spend vast amounts of money to accommodate your disability.
DISABILITY LEAVE - Some companies have short term and long term disability insurance plans that will pay you for certain periods of time if you are unable to work. Be sure to get a copy of the insurance plan and keep it at home. The plans from one company to another may be different. Even if there is no disability insurance, if you are hurt, sick or disabled you may be entitled to unpaid leave from work under the Family Medical Leave Act (FMLA) (see discussion below) for a maximum of twelve weeks each year. If you are hurt at work and covered by Workers Compensation (see discussion below) you should be paid while you are unable to work but there is no requirement that they hold your job for you beyond the twelve weeks under FMLA. Some companies have a written disability policy that will allow you to stay out of work longer and the company needs to apply the leave policy equally to everyone or you may have a discrimination claim. If you are disabled and covered by the Americans with Disabilities Act the company needs to make reasonable accommodations to allow you to return to work and may require the company to hold your job for more than twelve weeks to see if you can return. You and your doctor and your company need to discuss what accommodations you might need to return to work and there is no single definition of reasonable accommodation that applies to every situation. The company does not need to hold your job indefinitely if your doctor is unable to say if or when you can return to work.
DRUG TESTING – North Carolina law requires that a drug test be conducted by an “approved laboratory” and that the laboratory confirm any positive results by a second test of the same sample. The laboratory must preserve the sample for at least 90 days and you have the right to have the sample retested, at your own expense, by another laboratory. You don’t have the right to give a new sample and have a new test run. You can be fired based on positive drug test even if you can show it is related to a prescribed medicine. If you are fired because of a drug test and you file for unemployment benefits the Company must show that the testing was done in compliance with North Carolina law.
EEOC - The Equal Employment Opportunity Commission, www.eeoc.gov is a federal agency with several offices throughout North Carolina. The main district office is in Charlotte. On most discrimination claims and many retaliation claims you MUST file a complaint within 180 days of the last discriminatory action before you can file a law suit. In race discrimination cases you may be able to go directly to court even if you missed the 180 day filing deadline. There is no cost for filing a charge with the EEOC. Sometimes the people at the EEOC will try to discourage you from filing a charge so you may want to consult a lawyer before going to the EEOC. Your employer will be notified that you filed a complaint and it is against the law for your employer to retaliate against you for filing the complaint. If you fear you are about to be fired very soon you might want to file the charge with the EEOC quickly and that may make your employer hesitate about firing you. After you file the charge there may be an opportunity for mediation. The parties and the EEOC must agree to send your case to mediation. All cases do not go to mediation. If your case is not assigned to mediation or if it is not resolved at mediation it will be assigned to an investigator. This process can take many months or even more than a year. After the investigation is complete the EEOC is most likely to simply conclude that there is not enough evidence to support your claim and give you a right to sue notice. You then have 90 days to file suit or your claim is over. In a few cases the EEOC will find merit to your claim and make some attempt to help settle the claim. In the rarest of cases the EEOC might even agree to file suit on your claim. If the EEOC agrees to go to court on your claim you still might want to consider getting your own attorney to help protect your own interests in the case.
EMPLOYMENT CONTRACTS-Most people in North Carolina are considered employees at will and do not have employment contracts. Sometimes people think that because they have a signed letter offering them a job that is an employment contract. Offer letters are rarely seen by the courts as an employment contract. Generally to have an employment contract there must be an agreement to work for a fixed period of time at a specific job at a certain rate of pay. An employment contract usually has a provision that allows for the termination of the contract and will specify the reasons that will allow the contract to be ended early. People who work at a company where there is a union are protected by the terms of the union contract.
EMPLOYMENT SECURITY COMMISSION -The North Carolina Employment Security Commission (ESC), www.ncesc.com, administers claims for unemployment compensation. As soon as you get fired, assuming you are able to work, you should file a claim with the ESC. They will ask for a response from your former employer and then make an initial determination of whether you are eligible for benefits. If they deny you all or some of your benefits you can ask for a hearing and you can specifically ask for an in-person hearing as opposed to a telephone hearing. Similarly, your former employer can ask for a hearing if they grant you benefits. When you or your former employer asks for a hearing this might be the right time to talk with a lawyer. You can represent yourself at the ESC hearing but this is your only chance to present facts that support your claim. The company may be represented by an attorney. The hearing is very similar to a trial. Witnesses testify under oath and respond to questions and each witness can be cross examined by the other side. After you get a decision from this hearing you can still appeal it further but it becomes very difficult to reverse the decision and it become more expensive to hire an attorney to take the appeal. See also unemployment claims below.
EQUAL PAY- Most people would think that if you do the same job as somebody else you should get the same pay as somebody else. Sounds pretty fair and simple but things in employment law are rarely fair and simple. The Equal Pay Act says you can't pay men and women differently for doing the same or substantially same job. Pay includes all forms of compensation including bonuses, commissions, vacations and all other benefits. The other discrimination laws prohibit a company from paying people differently because of age, race sex, national origin, religion or disability. A company can, however pay people differently based on seniority, experience education or the time and days they work. With Equal Pay Act claims you can go directly to court without first filing with the EEOC.
FAMILY MEDICAL LEAVE - The Family Medical Leave Act (FMLA) is a federal law that protects employees who have worked at a company for a year or more and worked 1,250 or more hours provided that company has 50 or more employees within a 75 mile radius of your job site. If you are protected by the FMLA you may take up to 12 weeks of unpaid leave every year and still be assured that your job or a similar job will be waiting for you when you return and you will not be retaliated against for taking the leave. Your insurance benefits are also protected during your leave but you may be required to pay your share of the premiums while you are out. The leave may be taken if you have a serious illness or injury or to take care of a spouse, a child or a parent or in connection with the birth or adoption of a child. You can spread out the leave by simply taking a few hours a week or a month or use the entire 12 weeks together. If you exceed your 12 weeks, even by a day you lose your protection. While you are entitled to 12 weeks per year companies may calculate when the year begins and ends differently. For example, some companies may use a calendar year or use your date of hire as the beginning of the year or simply count 12 months from when you first took the approved leave. The company has the right to require you to submit medical information and periodic updates and it is important to comply with the deadlines for submitting the documents.
HANDBOOKS- They can be helpful as paperweights or door stops but don't expect the courts to enforce the policies in the handbook. The employer can also change items in the handbook at any time for any reason. While the employer cannot be forced to follow their own policies you may be required to comply with the policies. Try to keep a copy of the handbook at home. It may be helpful in trying to show discrimination or retaliation if the company did not follow its own policy in its dealings with you. Look carefully at the reporting requirements in the policy. Your failure to follow proper reporting of discrimination or retaliation may hurt your claim.
HARASSMENT- This is another term like hostile work environment where people say I am being harassed because my boss yells at me or gives be rotten work assignments. Yes, you are probably being harassed but to have a legal claim you generally must tie the harassment back to some form of discrimination or retaliation. If you are being harassed because of your sex that is sexual harassment and is a form of sex discrimination.
HOSTILE WORK ENVIRONMENT-People often use this term when their boss yells at them or picks on them. A boss can be mean and rotten and a lousy manager but that alone does not give you a legal claim. Generally a hostile work environment needs to be tied back to some form of discrimination. Why is the boss yelling at you or picking on you? If the boss simply doesn't like you or doesn't know how to manage people that will not give you a legal claim. If, however the boss doesn't like you because of your race or sex or age or religion and repeatedly does or says bad things to you then you may have a claim. In rare cases where a boss repeatedly does some really outrageous things you may have a claim even without linking it to discrimination.
INDEPENDENT CONTRACTOR- This is an individual or separate company that contracts with another company to do certain work. A true independent contractor is not an employee and the company that pays the contractor owes nothing more than to abide by the terms of the contract. Unfortunately, some companies try to classify employees as independent contractors to avoid paying taxes and to stay under 15 or 20 employees and avoid compliance with employment discrimination laws. The Internal Revenue Service and the Department of Labor have guidelines that look at a number of factors in determining if a person is truly an independent contractor. Some of the key factors include whether the person is strictly supervised or acts independently, whether the person has set hours and location for the work and whether the person provides his or her own equipment to perform the work.
INDUSTRIAL COMMISSION - The North Carolina Industrial Commission (NCIC) administers claims where you get hurt at work or you develop a disease related to your work. See www.ic.nc.gov. It is important to notify your employer immediately of any work related injury. It is also important to file a Notice of Accident (Form 18) as soon as possible. See Workers Compensation below.
LAYOFFS - Some people will insist they got laid off and that they did not get fired. Call it what you want you no longer have a job. While someone who got laid off may be subject to being recalled, without a union contract or some other employment contract you have no protected rights to being recalled to work. You should immediately file an unemployment claim (see discussion below). In some cases with a bigger company where there are a large number of layoffs at once the company may need to give you 60 days advance notice or pay you for the 60 days. Unfortunately, this law has many loopholes and companies are often able to avoid giving the 60 day notice.
MEDIATION - This is a process to try and resolve a dispute or claim with your employer. A neutral third party is selected as the mediator who will meet with you and your employer to discuss the problem and look for ways to resolve the problem. You will not be forced to accept a settlement at mediation but you may in some cases be forced to participate in mediation. At the EEOC mediation is voluntary so your employer must agree to participate in the process before it goes to mediation. Even if both parties agree the EEOC may still decide not to send your case to mediation. There is no cost to you for the EEOC mediation. Cases filed in state or federal court and workers compensation claims are required to go through mediation unless you get special approval to skip mediation. The parties are required to share the cost of these mediations. Sometimes there may be an agreement that requires the parties to mediate using a nationally recognized organization like the American Arbitration Association.
NON COMPETE AGREEMENTS - Your employer may ask or even demand that you sign a non compete agreement as a condition of getting your job. These agreements may restrict your ability to work for a competitor after you leave your current job. The restrictions may apply even if you get fired from your current job or if your job changes over time. The limitations on your ability to take a new job may remain effective for months or even years after you leave the job and may restrict you from working in a large geographic area. If after you have been working at the company for some time the boss asks you to sign a non compete agreement they will need to give you something of value for signing the new agreement. This might be a special bonus, a pay raise or stock in the company. As unfair as some of these agreements may be, the courts will generally enforce them if they are reasonable in the geographic and time limitations and if you either signed it when you first got the job or you got something of value for signing it later. The agreement must also be reasonable in defining the type of activities you are prevented from doing. Generally, to enforce the terms of the non compete your employer must be able to produce a signed written copy of the agreement.
NON Solicitation AGREEMENTS - These agreements are very similar to non compete agreements and may be part of the same agreement. This would limit your ability to go after the company's customers or clients and may also restrict you from taking your co-workers with you when you move to another job. The courts seem more likely to enforce a non solicitation agreement than they are to enforce a non compete agreement.
OVERTIME PAY- Depending on the type of work you do you may be entitled to overtime pay if you work more than 40 hours per week. Overtime pay is one and a half times your normal hourly rate. The law classifies jobs as either exempt or non exempt meaning if a job is exempt you do not need to be paid overtime. Unfortunately, the distinction is often not very clear and sometimes an exempt employee may be found to be doing nonexempt work part of the time and have a claim for overtime. Simply because you get paid a salary does not mean you are exempt from overtime pay. The key job categories that are exempt from overtime pay are professionals, executives and administrative. The administrative category is often the most difficult to define. The law also excludes certain types of jobs from overtime pay such as seasonal employees or independent contractors.
PERSONNEL FILE - A company will usually maintain some record about you from the time you file an application until after you leave the company. The file is usually kept by the people in charge of personnel or human relations but your immediate supervisor may also keep a separate file. Any medical records about you are required to be kept in a separate file. You have no right to see your personnel file unless you obtain a copy through some formal legal process. You can request that things be put in your personnel file. For example, if you are given a disciplinary action you may want to prepare a statement giving your view of the problem, give it to your supervisor and ask someone in human resources to put it in your personnel file. Be sure to keep copies of any disciplinary actions and your responses at home. You should also keep copies of any performance reviews and any documents that show you were doing a good job or got complimented you on your work.
PREGNANCY DISCRIMINATION - A company with fifteen or more employees cannot fire you or demote you or put you on medical leave if your doctor finds that it is safe for you to continue working in that particular workplace. If you need to take medical leave because of your pregnancy the company must treat you the same as any other employee who needs to take medical leave. You do not get any special treatment or more leave time because of your pregnancy. A husband may also be entitled to medical leave to take care of his pregnant wife or to help care for the new born baby, see Family Medical Leave Act above.
REDA - The North Carolina Retaliatory Employment Discrimination Act (REDA) prohibits your boss from discriminating or retaliating against you if you do certain things. The most common cases are those where an employee gets fired or demoted for reporting a work related injury or a safety issue or complaining about not being paid correctly. In addition, your boss can't take action against you because: you are in the National Guard; you have sickle cell trait; of genetic test results; you need to go to court for a juvenile proceeding; or you need to go to court because you are a victim of domestic violence and you need to go to court to seek protection. If you think your boss violated this law you need to first file a complaint with the North Carolina Department of Labor within 180 days of when the discrimination or retaliation occurred. See www.nclabor.com/edb/edb.htm
REFERENCES - When someone calls your prior job to ask for a reference they can say why you left as long as the statement is truthful. Most smarter companies will simply give out the dates you worked, your job title and with your special permission your prior salary. This is often called a "neutral job reference". If, however, someone calls for a job reference and your former boss wants to say that you got fired for being late to work or for sleeping with the owner's wife and the information is truthful, then there is probably not much that can be done. Your former boss cannot actively go around telling other people not to hire you and making up lies about you. That might be considered Blacklisting (see discussion above).
RIGHT-TO-WORK – Many people confuse this term with Employment at Will. The terms are not related. Right to work means that in a company where there is a union (very few in North Carolina) you have the right to work even without joining the union. If that applies to you then you are really getting the benefits of the union’s efforts without helping to support the union by paying dues. Some people call that a freeloader.
SEVERANCE AGREEMENTS - This is an agreement offered by your employer when they fire you. There is no legal obligation for your company to offer you a severance agreement or any severance pay unless they promised it to you before the let you go or there is a company wide plan that provides for severance pay. Typically, as a condition of getting any severance pay the company will ask you to sign an agreement releasing them from any liability and agreeing not to sue them. Usually the agreement will require you to keep the amount of pay confidential. They may also require that you not say anything bad about the company which is referred to as a "non-disparagement clause" Most agreements will give you a fixed time by which you must sign the agreement and will give you a brief time period to revoke the agreement after you sign it.
SEXUAL HARASSMENT - This is a form of sex discrimination but the law only applies to companies that have 15 or more employees. If you work for a smaller company you still may have a claim if the person physically touches you or if the person specifically asks you for sexual favors but those are different claims than sexual harassment. Sexual harassment includes any unwanted sexual comments or actions and might include sending someone sexual pictures, notes or cartoons. It is important to tell the person who is sexually harassing you to immediately stop and to promptly report the actions to your boss following the company procedures for reporting. Sexual harassment can occur between people of the same sex. Be prepared that the company will often come back and say you that you consented to the actions or welcomed the actions so it is important to be clear in rejecting any sexual actions and report it promptly.
TRADE SECRETS -- A trade secret includes any business or technical information that is not known or can't be readily obtained by the general public and has some monetary value. Often times it is unclear exactly what is a trade secret and it may depend on how the information is used in your business and what efforts are made by your company to protect the information. Sometimes a company will ask you to sign an agreement promising not to disclose trade secrets. This may be contained in an agreement that has a non compete clause or a non solicitation clause. Even if you don't sign an agreement, North Carolina has a law that prohibits the disclosure of trade secrets and has stiff penalties for violations. The North Carolina Trade Secrets Protection Act is found in Section 66-152 of the North Carolina General Statutes.
TIME OFF FROM WORK - North Carolina has some specific laws that allow workers to take time off from work. For example, your boss must give you time off in the following cases: if you are called for jury duty; if you are called to testify in an unemployment compensation hearing; if you are a victim of domestic violence and you need time off to seek a court protective order; to attend a court proceeding in connection with a juvenile court matter; to attend activities at your child's school. The laws often have requirements that you give your boss advance notice and may limit how often you can take time off. Other than these specific laws, there is no requirement that a company give you paid time off for vacations, holidays or sick leave.
UNEMPLOYMENT CLAIMS - If you lose your job you may be entitled to collect unemployment benefits but you need to apply for benefits with the North Carolina Employment Security Commission. See www.ncesc.com. The benefits may vary depending on how long you worked and how much you got paid. If you lost your job because of a company closing down or laying off people you should have no problem collecting benefits. If you got fired you still may be entitled to recover unemployment compensation benefits. Whether you can collect benefits depends on why you got fired. If you got fired for "misconduct" you may not be able to get benefits. The law defines misconduct as a serious violation of company policy. If your actions at work caused you to be "substantially at fault" for losing your job then you may be penalized from 4 to 13 weeks of benefits. This might include violation of some of the requirements of your job but does not include simple mistakes or minor violations unless they were repeated after a warning. Your former employer must present evidence to show why you should be disqualified for benefits. If you quit your job you have the burden to present evidence to show that you were forced to quit through no fault of your own. It is generally harder to get benefits if you quit but you may still have a claim. If for example, your boss said quit or be fired and you decide to quit the ESC should view that as a termination and allow your benefits. Also, if you quit because you were being sexually harassed or there was a big cut in your pay or your job assignment was changed to a far away location you may be eligible for benefits.
VACATION PAY- In North Carolina there is no legal requirement that you get paid vacation time or even paid sick time. If, however the company agrees to give you paid vacation time and you have accumulated vacation time when you leave the company then you should be paid for that time. A company may have a policy that says you lose your accumulated vacation pay for doing certain things but the company must tell you of that policy in advance. For example some policies may say you lose all your vacation pay if you were fired for misconduct. If you are entitled to vacation pay it should be paid on the next regular pay day after you leave the company. You need to look at the company policy on how you earn vacation pay. Sometimes you may automatically get a week or more on January 1 each year or on the anniversary date of your hiring. Other companies may have a policy where you earn so much vacation pay per week. Some companies require you to use your vacation in a certain time period or you lose it.
WORKERS COMPENSATION-If you get hurt at work or develop an occupational disease from your job you may be eligible to collect unemployment compensation. You must promptly report any injury to your employer and file a report of injury with the North Carolina Industrial Commission, see above, If your company that has three or more employees the company is required to have workers compensation insurance or have approved self insurance. If you have a valid claim the company should pay all your medical and prescription medicine expenses including the cost of some travel to get medical care. You may also be entitled to recover 2/3 of your average weekly wages while you are recovering from your injury or until you return to work. There is a weekly maximum amount you can recover and the maximum is set each year by the Industrial Commission. If a doctor finds that you have a permanent disability or a permanent scar you should recover additional compensation. If you have a serious injury or if the company denies your claim you might want to talk with a lawyer right away. The Industrial Commission must approve any legal fees paid to your attorney and most attorneys base their fee on a percentage of the money you collect. In workers compensation cases you cannot recover for pain and suffering such as you might if you were injured in an auto accident.
WRONGFUL TERMINATION - When you get fired after 20 years of loyal service for no apparent reason it sure seems wrongful. Unfortunately, this is another term like harassment or hostile work environment that people throw around a lot but by itself doesn't mean much. Just because the boss fired you to bring in his idiot brother-in-law doesn't mean you have a wrongful termination claim. To have a wrongful termination claim you generally need to tie it back to some form of discrimination or retaliation or show that you had an employment contract that was violated. Another type of wrongful termination claim might be if the boss tells you to break a law and you refuse and you then get fired. This might fit within the public policy exception to employment at will. The courts in North Carolina very rarely find a wrongful termination based on a public policy exception.