Does an employer have to show you evidence before they fire you?

UPDATED: Dec 7, 2011

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Does an employer have to show you evidence before they fire you?

My employer fired me because they supposedly had a video of me smoking weed on the job, which I know isn’t true. I offered to take a drug test and everything and they won’t let me. I asked to see the video and they refuse to show me anything and won’t give me a chance to prove my innocence. I know they are lying. I just want to know if they claim to have a video, am I legally obligated to see the evidence for which I was fired for?

Asked on December 7, 2011 under Employment Labor Law, North Carolina


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

An employer has a great deal of discretion in setting the terms and conditions of employment. This includes who, when and why to hire and fire. The fact is that an employer can terminate an employee for this reason, any reason or no reason at all (with or without notice).

The exceptions to this would be if there is a union agreement, employment contract or existing company policy to the contrary. Also, no form of actionable discrimination but play a role in an employee's discharge.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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