Legal Question in Business Law in North Carolina

I have recently taken over running a business that has 6 employees. Im in NC, a fire at will state. I have an employee that I no longer need because I will be working many of the hours she will be there. In other words, I can cut 40 hours off of my payroll. She is pregnant. I do not want to fire her because she's pregnant, but she does seem to be rude to customers. She yelled at one in front of me, and always walls away from her register to talk to her coworker in the kitchen. How can I fire her and avoid any consequence? Thanks.


Asked on 4/09/13, 4:10 pm

1 Answer from Attorneys
Kenneth Love Ken Love Law

You are right that NC is an at will work state, but there is no way to fire and guarantee no consequences.

First, if you fire her, you need to make sure you have documentation as to why you are letting her go. Because she is being let go and is pregnant, she will have a potential claim that you fired her because of the pregnancy. It is best to document the behaviors she has shown that you don't like.

Also, she will still be able to apply for unemployment and you need to show that she was fired for misconduct to prevent paying for her benefits.

Read more
Answered on 4/10/13, 1:01 pm


Related Questions & Answers

More Business Law questions and answers in North Carolina