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10:59 p.m. • 2-12-12

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Attorneys On Call

From overtime to unemployment, attorneys with the North Carolina Bar Association's Labor and Employment Section answer your questions on workplace issues.

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Is it OK for an employer to let someone go with a letter of termination that states it is only due to "reorganization", but then immediately hire someone else to fill that same job?
Question: I know that NC is an at-will employment state. But is it ok for an employer to let someone go with a letter of termination that states it is only due to "reorganization", but then immediately hire someone else to fill that same job? (The person was both younger and paid a better salary!). If not, what are the statute of limitations for dealing with this?

Answer:
It is not legal for an employer to discriminate in employment decisions on the basis of age. If you believe that age was a factor in your termination, then you should file a complaint with the EEOC. They are located at 1309 Annapolis Drive, Raleigh, NC 27608, phone is 1-800-669-4000.

The time limit for filing this kind of complaint under federal law is 180 days after the termination. To be covered by federal law, your employer must have 15 or more employees.

If your employer has fewer than 15 employees, you might still have a claim under state law, which also prohibits discrimination on the basis of age. If you need help with a state law claim, you should probably contact the NC Lawyers' Referral Service for a referral to an attorney in your area - their phone no. is (800) 662-7660.

Best of luck and I hope this helps.
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