Legal Question in Employment Law in North Carolina

I live in North Carolina and just recently I was terminated for "Fraternization" basically on a day I was in a rush because my sons babysitter had a doctors appointment my boss n his boss called me out to the lobby and asked me if I knew that as a member of management I couldn't have sexual relations with crew members I said yes and they went on through this long story on how a member tired to say my boss was sleeping with another person of the management team though I knew this statement was true I was in a rush so I was like is this it and his boss was like yes just sign and date this and you can go. So I did and I left. Now on 4/5/13 I lost my son and a lot of members from the job was there for me through my hard times they came up to the hospital and showed their love even my boss. So two months later I returned to work and just so happen my birthday was 2 weeks away now I didn't expect anything from anyone but on my birthday from my crew members and boss I received 4 cakes cards and balloons I was then like I need to do something to show my appreciation to these people so that day I said Saturday you guys im going to have a gathering at Dave n Busters because you'll have been so good to me I said friends of 10 years wasn't here for me like you guys were. The next day my boss asked me why I wanted off Saturday I said because im having my appreciation gathering for the entire team here not once did he say you cant do that its against company policy instead he says well can you work on that day I said yes sure no problem so through the week I invited everyone as I seen them because I didn't want anyone to feel left out. So the day comes and im out with dinner at dave n busters with my family and friends and as we were about to finish up diner I seen a lot of my coworkers walk into the building I said good just in time we were about to start bowling now I paid for the bowling and shoes but they bought their drinks I didn't drink in front of none of them on Monday I return to work and my boss was like someone didn't show up for work the day after and he wanted to fire her but turns out she had a doctors not excusing her my boss says it was my fault he couldn't fire her because I had called her that morning to let her know I was running 5 minutes behind and asked her please don't leave the store. I didn't see how that was an issue because it was work related. So two days later after returning to work my boss and his boss sits me down and the first thing they ask is did you have fun? I said what are you talking about and they said did you have fun at dave n busters I said yes I actually enjoyed myself after 4 months of mourning. Then they say do you know you violated company policy I said No how. They said Fraternizing I said how is that I didn't sleep with any crew members they said no but you went bowling with them I said I didn't know that was against policy they said you did you signed it I said show me now they pulled out the policy that I signed rushing out the door I said I didn't read the policy I just signed it in a rush. They said but you signed it I said well now I see its against policy and im sorry I said it was a gathering to show my appreciation to everyone here I said I invited everyone even told my boss if it was against policy why didn't he tell me when I mentioned it my boss goes because I never heard you tell me I said how not you asked me why exactly I wanted the day off I told you and you asked if I could still work it and I said yes he continues to play like he knew nothing so through the decision we talked and went over policy and they said that they were going to have to write me up and I said I guess I understand. They told me to return to work so I did now we were already short handed that day so after our rush they sat me back down me thinking o lord I have to sign this right up over something like this that I did off the clock but I would do it. Instead they said we need you to hand over your keys I said I guess you would need my swipe card to then huh they said yes then they said we need you to get your belongings and exit the building you are no longer employed with us so I did exactly what they said. Then I called HR and he said they were in the right and I said I felt I was a target because on my birthday a member of management brought Alcohol into the building for employees and I told my boss about it and he did nothing not even document her but then I do something for the whole team off the clock and i'm terminated for it. And Hr responded you signed the paper sometimes that's just how life is. So my question through all this would be am I entitled to my unemployment Is this considered a form of discrimination? Because policys were broken in this place daily I mean in this case why is my boss still employed when he took a member of manager child to a basketball game? wouldn't that be fraternizing? Or him giving employees rides to work after been told not too I mean I kept record of dates and times of everything like this just because you never know but can this help me in my case?


Asked on 7/02/13, 8:39 pm

1 Answer from Attorneys

Kenneth Love Ken Love Law

Unfortunately as a right to work state, employers can fire for any reason other than discrimination. Discrimination is treating someone different based on a protected class: race, gender, religion national origin, familial status, and disability.

Unfortunately, you didn't provide facts which would support discrimination, but you should be entitled to unemployment.

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Answered on 7/06/13, 4:22 pm


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