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10:51 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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I was told I wasn't needed after returning to work from long-term disability. Can an employer do that?
Question: I worked for the CEO of a large IT training company for 7 years. In March of 2003 I fell ill and was in the hospital for 1 month. During this time the CEO was removed by the Board of Directors. After I got out of the hospital and was on short term disability I went in to speak to HR to ensure I still had a job to come back to. HR and the interim CEO both assured me in person that I did. When I decided to come back after my STD ran out (not knowing that I had qualified for LTD) I called them up and told them when I wanted to come back. My call was not returned for a week and then I was told they didn't need me. I was on long term disability at the time. I can't imagine how a company can get away with this - firing someone on LTD with no "cause" or given any reason whatsoever. All I've been able to find out was that NC is a "right to work state" and that means employment can be terminated at any time for no reason. If this is true then that sucks!

Answer: It is true that NC is an employment at will state, which means that either you or the employer can terminate the employment relationship at any time, for any lawful reason. However, your employer cannot terminate you for an illegal reason. In this case, you might want to contact the EEOC to have them investigate whether you were terminated due to your disability. The EEOC is located at 1309 Annapolis Drive, Raleigh, NC 27608. Their phone no. is 1-800-669-4000. To make a claim with them you would need to contact them within 180 days of your termination so do not delay.
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