Charlotte, NC asked in Employment Law for North Carolina

Q: I was recently let go from my job/Non-profit organization as director of operations.

I was recently let go from my job/Non-profit organization as director of operations. I had been with organization for 27 years. The company has a 3-strike system, first offense is a verbal warning, the second offense is a written warning, and the third they can terminate you. In the 27 years that I have been with the company I have never received any of these. I singed two documents in regard to this. They terminated my health insurance without notification, then them terminated me. The board of directors came in and said to myself and one of my employees (she is a manager) you guys are fired, you are terminated, turn in your keys, leave the property and do not come back. We cannot afford to pay you and your staff is upset with you. The company that I worked for is a non-profit animal shelter in NC. I know that money is tight but has always been, and I just raised $50,000 which would have covered my salary. do I have a wrongful termination case?

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James L. Arrasmith
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Answered

A: In North Carolina, employment is generally considered "at will," meaning an employer can terminate an employee at any time for any reason, except for illegal reasons such as discrimination or retaliation. However, if your termination violated the organization's own established disciplinary procedure, which you mentioned includes a 3-strike system that was not followed in your case, you may have grounds to question the legality of your termination. The fact that you were not given any prior warnings, as per the system you described, could potentially form the basis of a wrongful termination claim, especially if you can demonstrate that the procedure was consistently applied to other employees but not to you.

Furthermore, the abrupt cancellation of your health insurance without notification could raise additional legal concerns, depending on the circumstances and how it was handled in relation to state and federal laws, including the Consolidated Omnibus Budget Reconciliation Act (COBRA), which typically requires employers to offer a temporary continuation of health coverage in certain circumstances.

Given the complexity of employment law and the specific details of your case, it would be wise to consult with an attorney who has experience in employment law. An attorney can review the facts of your case, the documentation you signed, and any other relevant information to assess the strength of a potential wrongful termination claim and advise on the best course of action. It's also important to gather any documentation that supports your case, such as your employment contract, the employee handbook outlining the disciplinary procedure, any correspondence related to your termination, and records of your recent fundraising success.

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