Legal Question in Employment Law in North Carolina

I was injured in an auto mobile accident on 7/02/09 I broke my pelvis in 2 places and have been out of work for 14 weeks. Last week my Manager informed me I would most likely loose my job since I am yet un able to return to work. I was told today by my doctor I could return to work in 6-8 weeks. I informed my employer and he said it made no different I would still probably loose my job. Even though the corporate office sent me a letter stating they would work with me if I needed more time. Is this legal


Asked on 10/05/09, 7:05 pm

1 Answer from Attorneys

Stephen Camak Lennon, Camak & Bertics, PLLC

While I am no employment law specialist, I have seen this happen many times in NC. NC is an "employee at will" state, which means that unless there is some unique exception (ADA, FMLA, union agreement, private contract, etc.) the employer can let you go for no reason at all other than it is their will to do so. Sounds like you need to get corporate to call your manager.

On the bright side, if your MVA was caused by the negligence of another, you can add in all lost wages as damages to be recovered in suit or settlement.

Consult an experienced attorney to confirm your options.

Best of luck!

S. Neal Camak

Lennon & Camak, PLLC

Raleigh, NC

ncworkcomp.com

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Answered on 10/13/09, 11:21 am


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