I was recently fired but did not have a contract. What are my rights?

Question: I had been employed by a corporation since 1991, it was purchased by two individuals in Sept. 2006. I was fired yesterday with the explanation that I was not adapting well to the change. I was management, but I did not have a contract. As a severence package they are going to pay me one month salary, but not any of the other benefits that I was receiving. What are my rights?

Answer: If you did not have an employment contract for a definite term, then in North Carolina you are an employee at-will, meaning that you or the employer can terminate the employment relationship at any time, for any lawful reason.

In this case, you do not seem to have an employment contract for a definite term, and therefore the employer does not have to offer you severance. One thing you may want to check on is whether the employer has a policy in its handbook of paying severance. Other than very large corporations, Most employers do not have those policies anymore, but it is worth making sure of that since the severance agreement likely requires you to release all claims you have against the company in order to receive the severance payment.

You can always ask the employer for some additional severance or to provide benefits during the period you are receiving severance. The worst they can say is no - and even if they say no they likely will not rescind their original offer. Sometimes hiring an attorney can help in negotiating for additional severance, although that can get expensive as well. If you wish to hire an attorney, then you can contact the NC Lawyers Referral Service for information about attorneys who practice employment law. Their website is http://www.lawyersosi.org/north-carolina-lawyers-referral-service.htm, and their phone no. is 1-800-662-7660.

I hope this helps, and good luck.