North Carolina Motion, Order and Complaint - Worker's Compensation - Wrongful Termination

State:
Multi-State
Control #:
US-PI-0251
Format:
Word; 
Rich Text
Instant download

Description

These forms contain a sample motion requesting permission to hire counsel, an order granting the motion, and a complaint alleging failure to pay Workmen's Compensation benefits and wrongful termination.
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  • Preview Motion, Order and Complaint - Worker's Compensation - Wrongful Termination
  • Preview Motion, Order and Complaint - Worker's Compensation - Wrongful Termination
  • Preview Motion, Order and Complaint - Worker's Compensation - Wrongful Termination
  • Preview Motion, Order and Complaint - Worker's Compensation - Wrongful Termination
  • Preview Motion, Order and Complaint - Worker's Compensation - Wrongful Termination
  • Preview Motion, Order and Complaint - Worker's Compensation - Wrongful Termination

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FAQ

Lost wage compensation is payable if an employee is unable to work for more than 7 days. Temporary total and partial disability benefits are paid for up to 500 weeks until you return to work.

At-Will Employment North Carolina is an at-will-employment state, which means that an employer may end the employment relationship at any time and for any reason as long as it is not an otherwise unlawful reason. Kurtzman v. Applied Analytical Indus., Inc., 347 N.C. 329, 331, 493 S.E.2d 420, 423 (1997).

(a) The court on motion of the defendant must dismiss the charges stated in a criminal pleading if it determines that: (1) The statute alleged to have been violated is unconstitutional on its face or as applied to the defendant. (2) The statute of limitations has run.

How Can I Sue for Wrongful Termination in NC? Essentially, you have to prove that your employer fired you, demoted you, or did not hire you for engaging in a protected activity or being in a protected class. The first step is to gather the evidence.

The Workers' Compensation Act places no duty on an employer to accommodate any restrictions or limitations; provide leave over and above what might be allowed to any other employee; or hold the injured worker's job open until he or she can return to work.

Other Laws that Help Safeguard Your Job in North Carolina The ADA may come into play in a case where an employee is fired after filing a workers' compensation claim because the ADA also prohibits an employer from terminating a worker on the basis of a disability.

Doing so is completely within your rights, even if you are currently receiving workers' compensation benefits in North Carolina. With the assistance of an attorney, you may be able to establish the link between your resignation and your injuries.

If you're fired after an injury at work in North Carolina, you might also have a valid complaint under the Americans with Disabilities Act (ADA). Under the ADA, it's illegal for an employer to fire or discriminate against a qualified employee for having a disability.

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North Carolina Motion, Order and Complaint - Worker's Compensation - Wrongful Termination