If you believe you have been wrongfully terminated, you must file your claim with the Equal Employment Opportunity Commission (EEOC) within three years. An employee out sick under FMLA may not be fired.You can file a wrongful termination lawsuit in North Carolina to enforce your rights and receive fair compensation. Possibly. You should file for unemployment, and be prepared to dispute a denial. At that point an administrative judge will decide. Victims of potentially wrongful termination in North Carolina should know their options if they need to file a claim. The term "employment-at-will" simply means that unless there is a specific law to protect employees or there is an employment contract providing. Employees who have been wrongfully terminated while they are sick have the option to pursue financial recovery. This state-specific guide covers labor and employment case law, statutes, rules, and regulations that HR professionals and clients often encounter Wrongful Termination Claims.