How to Draft a Wrongful Termination Complaint in North Carolina
North Carolina is an "at will" employment state. In most cases employers can fire employees without providing a reason, making it difficult to prove wrongful termination. But it is illegal for employers to discriminate against protected classes when making employment decisions or to fire employees in retaliation for filing a complaint against the company. If you believe you were wrongfully terminated, file your complaint with the Employment Discrimination Bureau and get written permission to file a lawsuit.
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Instructions
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1
Write down the reasons you think your termination is wrongful. For example, if you believe you were fired because you reported your employer for non-compliance with labor laws or you were subject to discrimination, write these thoughts down.
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2
Call the Employment Discrimination Bureau, ask for an information officer, and describe the situation. Use the notes you took in Step 1 to help you remember the points you want to make. Ask the Employment Discrimination Bureau to send you a complaint form. As of June 2011, the Employment Discrimination Bureau does not post this form online.
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3
Fill out the complaint form. Provide your name and contact information as well as your employer's name and contact information. List the date you were fired and state that you believe the termination was wrongful. Mention the stated reason, if any, that your employer gave you when you were fired. In the next paragraph, state your reasons for believing the termination was wrongful. You must file your complaint within 180 days of your termination date.
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4
Sign and date the form. You do not need to have it notarized. Attach copies of any documentation, such as statements from witnesses or written communication from your employer, which supports your case. Do not send originals in case your form gets lost. Mail the form back to the Employment Discrimination Bureau.
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5
Check your mail for the Employment Discrimination Bureau's response. There is no set time for the response. Once it receives your complaint, the Employment Discrimination Bureau sends a copy to your employer so that he may respond. It then contacts both you and the employer by telephone or mail to ask clarifying questions and get more information about each party's side of the claim, such as additional explanations as to why you believe the termination was wrongful. If your employer does not respond to the claim, the Employment Discrimination Bureau completes its investigation based on evidence you and any witnesses provide. The Employment Discrimination Bureau can take action against your employer or give you a letter with permission to sue. If the bureau does not believe your termination is wrongful, it still gives you the right-to-sue letter so you can sue in civil court. Take this letter to an attorney to pursue further action against the employer.
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Tips & Warnings
You must make your complaint within 180 days of your termination.
