Does an employer have to show you evidence before they fire you?

My employer fired me because they supposedly had a video of me smoking weed on the job, which I know isn’t true. I offered to take a drug test and everything and they won’t let me. I asked to see the video and they refuse to show me anything and won’t give me a chance to prove my innocence. I know they are lying. I just want to know if they claim to have a video, am I legally obligated to see the evidence for which I was fired for?

Asked on December 7, 2011 under Employment Labor Law, North Carolina

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

An employer has a great deal of discretion in setting the terms and conditions of employment. This includes who, when and why to hire and fire. The fact is that an employer can terminate an employee for this reason, any reason or no reason at all (with or without notice).

The exceptions to this would be if there is a union agreement, employment contract or existing company policy to the contrary. Also, no form of actionable discrimination but play a role in an employee's discharge.


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