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Terminated With a Doctor’s Note

My answer on Avvo: North Carolina is an employment-at-will state which means you can be fired (or any discipline less than fire) for any reason and there is no liability for the employer unless there is an unlawful motive for the action taken against you. Employers...

Churchwell v. City of Concord

Recent Firm Victory: The United States District Court for the Middle District of North Carolina denied a motion for summary judgment in an ADA case.  Plaintiff Jana Churchwell alleged that she was terminated due to her disability and was not provided a reasonable...

Severance Agreements – What to Expect

In an average week, I often review as many as six (6) severance or similar agreements. The primary question that is posed during such consultations is: should I sign the agreement? That is not a question that I can answer because it is in not a legal question. It is a...

Unlawful employment retaliation

As I have mentioned before, most states including North Carolina and Tennessee follow the legal doctrine of employment-at-will.  That doctrine holds that an employee can be terminated (fired) at any time for any reason with no legal liability for the employer.  An...

Unlawful Employment Retaliation – FMLA

Retaliation against an employee is unlawful only if the employee has engaged in a protected activity. There is no one source for a complete list of protected activities.  However, it generally includes actions such as filing for or requesting workers’...