Thursday, December 09, 2004

NC Supreme Court case on whether an employee can be fired for being a victim

A landmark case was tried on December 7th in the North Carolina Supreme Court as to whether employers can fire a victim of domestic violence simply because of their status as victims. James Edwards Imes was a bus driver with the city of Asheville when he was fired after his wife had shot him in the stomach in 2001. Though Imes passed away earlier this year due to an unrelated illness, the issue is still a vital concern to many employment rights and victim advocates. 29 agencies and organizations from across the state and nation signed onto an amicus brief in support of the case.
The heart of the issue is the “at- will” doctrine that allows employers to hire and fire at their discretion. Aside from discrimination issues, this flexibility is argued to be the right of employers to run their business according to their judgement. However, the plaintiff and the supporting groups argue that it is contrary to the recent efforts made by the State to offer support and protection to victims at work and thereby a violation of public policy.
Decision is pending with a result expected in the coming weeks. Stay tuned.

No comments: