Legal Question in Civil Litigation in North Carolina

Is this insubordination?

As part of my compensation package I was to receive a bonus ''throughout the course of the year.'' After 8 months I had rec'd nothing. I printed the email for both of my superiors. One approached me and said they could do half. I agreed that was ok for right now. Later, he wanted to ''talk'' but was raising his voice and not allowing me to say a word. I ultimately said that I think we need to stop this b/c we were getting no where. I also commented that I was not accustomed to arguing with my boss. On the following work day, the other superior asked if I wanted to discuss my ''bonus.'' I said there was nothing to discuss. He was angry. I felt we had to so we had a short conversation (not too friendly but I was left with the impression that half would be in my check). I rec'd my check -- no bonus. I asked ''can I ask one question?'' That turned into him raising his voice and refusing to stop arguing with me. I did respond but not (in my opinion) in an insubordinate way. He went to lunch. I went to lunch. When I returned, he told me ''it was not working out.'' This was a Wednesday. He told me on Friday, that he had terminated me for insubordination. Please help!


Asked on 10/29/07, 11:14 am

1 Answer from Attorneys
John Kirby Law Offices of John M. Kirby

Re: Is this insubordination?

It is not clear whether that was insubordination. In NC, employent is generally "at will," and therefore most people can be fired with or without "cause." Whether you were justifiably terminated may affect your right to unemployment benefits. The more important issue may be your bonus. You probably need to have a lawyer look at the documents to determine your right to the bonus. This may give you a contractual claim against your employer, or a claim under "wage and hour" law. You probably need to consult with an attorney and provide him or her with more information.

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Answered on 10/29/07, 11:53 am


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