If i was wrongfully fired what canI do?

I have been working for a flooring for about a month and a half now. I was told that a carpet was found with cigarette burns and I was forced to pay it without them even giving me notice they were taking it from my paycheck. I don’t even smoke, never have never will. And now they are accusing me of stealing from one of their stores. And they have fired me without showing me proof whatsoever and are holding my check. Can anyone tell me if I have a case or not? And what should I do? They are saying that they would take the amount of what was stolen out of my check to pay for it and that they would give me the rest. But that I still would be fired. I have never stolen anything in my life and I wouldn’t sacrifice my job for that pays me $4,000 a month for an item that according to them cost $200 or $300.

Asked on November 30, 2011 under Employment Labor Law, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you don't have an employment contract protecting your job (for example, proving that you are employed for a set time, or limiting the reasons for which you can be terminated), you are an employee at will and may be fired at any time, for any reason--even incorrect or unfair ones. Therefore, they probably could fire you without providing proof of any wrongdoing, unfortunately

However, they may not take money out of your paycheck unless you agreed to it; otherwise, if they think you owe them money (for damage or theft), they'd have to sue you  to get it. And if they do take money out of your check wrongfully, you may sue them for its return.


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