If i was wrongfully fired what canI do?

UPDATED: Nov 30, 2011

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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