I'm trying to help out someone else and decide if she should take her employer to court, obviously a lawyer would know better but before that $200 consultation it'd be nice to know if anyone else has some advice

she was fired last night (sunday) over the phone, not allowed to come in this morning to get things out of the office, had to call the police to let her in, and that was the only notice ever given. she says everything was great when she left work thursday and never saw it coming.

i believe she is an at will employee since they work out of this guy's house but she has been there longer than the probationary period if i remember correctly. she is only 1 of 3 total employees in the company so i don't think they have any handbooks or manuals that dictate these things but i believe "fair notice" is state/federal law.

they briefly discussed severance with her in the past and told her to just send them an invoice but I'm just as clueless about that as this.

I'm leaving for work in a few minutes but was hoping someone had some experience with this - thanks!

3/31/2008 8:51:59 AM

NC is "at will", meaning an employee can be fired at any time, for any reason...or no reason at all. Of course, that is provided they didn't break any federal descrimination laws ect...

3/31/2008 8:54:49 AM

did you google any of this?
do you understand what "At Will" means? (doesnt seem like it)

Quote :

"Employment At Will In North Carolina, employees are presumed to be "at will." At-will employees may be terminated for any reason, so long as it is not illegal. Generally, employees who work under an employment contract can only be terminated for reasons specified in the contract. However, in North Carolina, the mere fact that an employment contract is in writing is not sufficient to overcome the presumption that the employment is at-will. To overcome this presumption, an employment contract must directly limit, in a meaningful and special way, the employer's right to terminate the employee without cause. In other words, the employer has to unequivocally indicate that it will not terminate the employee except under specific circumstances"

Quote :

"Discrimination and Wrongful Termination Employers are not allowed to terminate or discriminate against employees for the following reasons: Age Race Sex Religion National origin Disability Pregnancy It's illegal for an employer to consider these characteristics with regard to: Promotions Job assignments Termination Wages And it's illegal for an employer to terminate an employee: For refusing to break a law In retaliation for filing a discrimination or safety claim For taking leave under the Family and Medical Leave Act Without following its own stated procedure or policy For reasons not contained in the employment contract, if one exists "

i hate lazy twwers

3/31/2008 8:56:57 AM

yeah. nothing you can do about it.

i got fired because my boss' daughter was dating my brother. things went sour with them and he fired me because him and my brother had an arguement.

oh well.

3/31/2008 8:57:10 AM

Quote :

"she says everything was great when she left work thursday and never saw it coming. "

Quote :

"she was fired last night (sunday) over the phone"

Well maybe if she had worked on Friday like she was SUPPOSED TO!!!!!.. j/k


But yeah, nothing she can really do. Kinda messed up about the police having to let her get her things, like would they just not open the door for her and expected to keep her shit???

3/31/2008 9:04:57 AM

yeah i googled it but the very first thing i looked at said "fair notice" was applicable but yeah i just talked to DOL and they said the same thing.

we'll look into severance then i guess

3/31/2008 9:06:10 AM

uhmm... if the "company" did not offer her severance... then it sounds like it would be out of the question in this case.


Unemployment sounds like the only option.

[Edited on March 31, 2008 at 9:17 AM. Reason : a]

3/31/2008 9:17:22 AM

It should be in her contract. If she signed on and agreed to at-will firing, that's just the way it is. My fiancee works for an international company and still had to sign an at-will understanding that he could quit or be fired at anytime without notice.

3/31/2008 10:11:30 AM

Quote :

"they work out of this guy's house"

Quote :

"she is only 1 of 3 total employees in the company"

Quote :

"any handbooks or manuals that dictate these things"

Does she do porn.

3/31/2008 10:19:29 AM

^^

Quote :

"they briefly discussed severance with her in the past and told her to just send them an invoice"

sounds like they offered to me

^ i wish!

3/31/2008 7:16:10 PM

how woudl you send an invoice for severance anyways?


who bills someone for a paycheck??

4/1/2008 2:27:15 PM