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Bogus Firing

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cb72

Junior Member
What is the name of your state (only U.S. law)? NC
I know that NC is an "at will" state, but is there a legal right to sue if the reason you are given for termination is false? A friend of mine was fired from a professional job because of not meeting a company goal. As a group manager, he was held responsible for the shortfall of others in his group. There was no fore-knowledge that termination was the consequence for not meeting the goal. Additionally, no one else in the group was held responsible or disciplined. My friend has since learned that his not meeting the company goal was through no fault of his own (outside sources have admitted to being the problem). My friend has had no disciplinary action in his personnel folder. Is there any legal grounds for a lawsuit for wrongful termination?
 


Zigner

Zigner

Senior Member, Non-Attorney
Q: Is there any legal grounds for a lawsuit for wrongful termination?

A: Not even remotely.


cb72 said:
What is the name of your state (only U.S. law)? NC
I know that NC is an "at will" state, but is there a legal right to sue if the reason you are given for termination is false? A friend of mine was fired from a professional job because of not meeting a company goal. As a group manager, he was held responsible for the shortfall of others in his group. There was no fore-knowledge that termination was the consequence for not meeting the goal. Additionally, no one else in the group was held responsible or disciplined. My friend has since learned that his not meeting the company goal was through no fault of his own (outside sources have admitted to being the problem). My friend has had no disciplinary action in his personnel folder. Is there any legal grounds for a lawsuit for wrongful termination?
Click to expand...
 
eerelations

eerelations

Senior Member
It would only be a wrongful termination if your friend was fired for something like his race, gender, religion, age (but only if he's over 40), or disability, etc. Nothing in your post indicates he was fired for any reason like these.
 
C

cb72

Junior Member
He IS/WAS the only race represented in his company (internationally). Further, others were afforded other opportunities (as far as meeting the goal) that he was not. I'm not altogether sure whether that constitutes racial discrimination or not. How difficult would it be prove?
 
xylene

xylene

Senior Member
This is "BOGUS" in the Bill and Ted sense of the word.

It is not illegal for an employer to lie about the reasons for firing under such circumstances.
 
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cyjeff

Senior Member
Simply put, at-will means that an employer/employee relationship may be dissolved at any time with or without reason, notification or evidence of wrongdoing as long as said dissolution is not for a reason specifically listed in statute.

This doesn't even approach that benchmark.
 
eerelations

eerelations

Senior Member
cb72 said:
He IS/WAS the only race represented in his company (internationally). Further, others were afforded other opportunities (as far as meeting the goal) that he was not. I'm not altogether sure whether that constitutes racial discrimination or not. How difficult would it be prove?
Click to expand...

He would need more solid evidence than this. If he tries to proceed with the "I'm the only one here of this race and I'm the only one here that was fired for this reason so therefore I was fired because of my race" all the company has to say is "if we didn't want his race in our company why would we have hired him in the first place?" and his case is blown.

What I think you've got here is an unfair termination - and that's not illegal.
 
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