Facts: personal car, the company pays monthly allowance + mileage, traveling on business, my business travel is 50%. My car was totaled, I was taken to emergency room and released with minor injuries. The accident occurred 8:30pm and caused me to miss two business meetings the following day. My boss was contacted per company policy. My current driving record shows one current speeding ticket. I live in WV, company headquartered in NC, accident happened in TN.
North Carolina is an employment-at-will state and you can be fired for good reason, bad reason, or no reason at all. As such, you could be fired for an accident even if it was in your personal vehicle. You could only file a legal claim if there was an unlawful motive for your termination such as unlawful discrimination or unlawful retaliation (i.e. the accident was not the real reason).
Kirk J. Angel is an experienced attorney who focuses his practice on employment law. Mr. Angel, who has practiced employment law for more than 16 years, represents clients throughout North Carolina and more information about him is available at www.theangellawfirm.com This response is for general informational purposes and does not constitute legal advice. Additionally, this response does not create an attorney client relationship. If you need legal advice, please contact a lawyer in your state who practices in the appropriate area.
Depending on your company's personnel policy you might have recourse and should contact an employment law attorney. They may have thought alcohol was involved, and it would make sense to get at least the police report to show no one thought you were. If you were on business, your medical should be paid by workers comp. You certainly would have grounds for unemployment compensation while looking for work. Given that you were on the road 50% of the time that's a pretty hard schedule and it would not be unusual if you had nodded off--but that's not willful misconduct.
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