Legal Question in Employment Law in North Carolina
In NC, a Right to Work state is this Wrongful Termination?
I am a 58 year old female executive assistant. When the President (my immediate boss) learned, a few weeks after the fact, that I had complained to HR about treatment I had received from a 28 year old junior executive (calling me ''grandma'';abusive; disrespectful; mean, but not sexual in any way) and after almost 5 years on the job (getting close to full vestment) I was told that they are reformatting my position and I'll have to leave. They refuse to state a reason why! There is more history between the pres. and me (he's treated me the same way), but this is the basic situation. I am well respected by the rest of the company and HR is acting very nervous. Do I need to get a lawyer?
1 Answer from Attorneys
Re: In NC, a Right to Work state is this Wrongful Termination?
It's difficult to give you a very complete answer without a lot of more facts. In general, this is an "employment at will" state. However, there are federal anti-discrimination laws that protect employment decisions (e.g. hiring, firing) on the basis of certain criteria (e.g. race, religion, gender), and also protect against harassment (e.g. "hostile work environment") and against retaliatory conduct (e.g. firing due to reporting discrimination). (I'm assuming that your employier is subject to the ADEA; e.g. it has sufficient employees.) In your situation, based on the facts presented, you could have a claim against the employer; or perhaps enough to prevent them from discharging you. One major difficulty with these sorts of claims is proof, as it is difficult to prove intent. I assume you have no recordings or e-mails of these comments, so it court of course become a "he said - she said" battle. Some factors in your favor are (a) the discriminatory/harassing comments, (b) the timing of the decision (i.e. following your reporting to HR), and (c) their refusal to give you an explanation. Of course it would also be good to know whether their re-structuring holds water; i.e. is it just a pretense; which can become very complicated and subjective. And your job performance would be useful information. So, to answer your question, you may want to consult an employment lawyer. Also, there are several good websites with general information about age discrimination. I'm somewhat puzzled by your reference to "right to work," as that deals with union issues, which do not seem to be raised in your question.