What can I do if I was wrongfully terminated?

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What can I do if I was wrongfully terminated?

I started a new job at the beginning of this year. I had a 90 day review with no negative remarks. I was told there were things that would improve but it would take time and if there were specifics that I wanted assistance with to advise. I did advise in emails but was never given additional training. I was put on a 30 day PIP 2 weeks ago. I met with HR and tried to file a grievance and was declined stating my manager was retiring in 3 weeks. Today I was terminated yet they offered me a severance package. I don’t have a handbook copy to see about warnings, at will termination but feel I was wrongly terminated. Do I have just cause to file a complaint?

Asked on September 22, 2015 under Employment Labor Law, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

The only question that is important is, did you have a written employment contract limiting the reasons you could be terminated and/or putting in place a certain disciplinary process or process for termination and, if so, did the company violate the contract's terms? If the answer is "no," then you were an employee at will and could be terminated at any time, for any reason, whether or not you received necessary training and regardless of prior reviews. So if you did not have a contract, this is almost certainly not wrongful termination, because there really isn't any such thing as wrongful termination of employees at will.


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