Employees who sue under thefor alleged interference with the right to take covered leave can’t throw in an additional claim for under state common law.
That’s because North Carolina allows wrongful termination claims only in very limited circumstances, such as an employee’s refusal to engage in illegal activity.
Recent case: Tamara Belton claimed she was fired days after asking for 12 weeks of. She sued for interference with her leave rights, plus for wrongful discharge under North Carolina’s public policy exception to at-will employment.
The court allowed her FMLA claim to proceed but dismissed the second claim. It said extending protection to her situation would mean every claim of discrimination under federal law could be used as a state claim, too. It refused to open that floodgate. (Belton v. Dodson Brothers, No. 1:09-CV-106, MD NC, 2009)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Just requesting FMLA leave forms isn't protected activity
- Remind employees: FMLA doesn't promise reinstatement if leave extends beyond 12 weeks
- Do I receive tax benefits for COBRA payments?
- USF settles bias claim with fired academic advisor