Legal Question in Civil Litigation in North Carolina

I work for a company whose management finds it a great practice to unethical and unfair. My former manager has slandered my name and character at the company to the point where I am unable to advance my career there. I gained a new manager who when I explained all of the former activities, she openly stated that yes, you have been set up. No old issues are being held against me. I feel like Im being targeted and singled out for issues that other employees are not facing. My job is currently in jeopardy. What are my options? Im not the only one who has been 'blacklisted' at this company. How can I get a class action suit going?


Asked on 8/03/10, 3:16 pm

1 Answer from Attorneys

This is not a general civil litigation question. Its more of an employment issue. I do not handle eemployment law at all. I do know that NC is a right to work state. That means you can be hired or fired for any reason, as long as it is not improper (discrimination based on race, or because you went to jury duty or filed a worker's comp. claim). This would change if there was a union, in which case there would be a collective bargaining agreement and you would have to see what it says about grievances.

If the business is unfair and unethical, is this a place that you really want to work? Leave on your terms, not theirs. However, jobs are very hard to come by in this economy. You have to weigh all the pros and cons. Maybe save up earnings for 6 months or so and quit. If you leave voluntarily, you are not eligible for unemployment compensation, so plan accordingly.

Regarding your class action, what are you proposing on suing for? There are law firms that specialize in class action suits. Permission to bring a class action must be sought from the court. There are several requirements, not the least of which is numerosity. The class has to be so numerous that it would be impractical for the plaintiffs to sue. I don't see how this standard is met in your case. An example of a class action might be the famous exploding Ford Pinto case. There were millions of owners of Ford Pintos. There are not millions in your case - I don't want to sound flippant or rude, but I am stating that fact. There just aren't. I don't know why any proposed action by current or former employees has to be a class action as opposed to a regular lawsuit.

Even assuming that you met all the class action requirements, what exactly are you trying to sue for? How have you been harmed? You mention slander, but there is a 1 year statute of limitation for that. When did the alleged slander occur? What was said? How would this be common to others? Are you or others being discriminated against? If so, in what way? Agaion, I would talk to an employment lawyer to explore whether you have grounds to sue on this basis.

You ask how you canget it going. Contact current or former employees that you know of. Put a message out on Facebook - keep it generic like "are you a current or former employee of X corp.? If so, please contact me privately at xxxx (set up a fake email address)." Then talk to the person over the phone. Be careful what you say - could be a company plant. If they are the real deal, then you can talk about hiring.

Or maybe you want to unionize. If so, you need to speak to a labor law attorney about that.

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Answered on 8/17/10, 5:45 pm


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