Employment in the state of North Carolina is mostly considered to be "at-will" employment. "At will" means that for any reason, both the employer or the worker may end the work relationship at any time. The only exception to this are reasons that the law has specifically outlined as impermissible to use as a basis for employee termination.
It is important that you find out what type of employment your work is classified as, because employment that is not considered to be "at will" is subject to different restrictions. If an employment contract specifying a time for employment is involved for your work arrangements, then employment is not "at will", and termination can only be done following the terms of the contract.
What are the Illegal Grounds for Terminating At Will Employment in North Carolina?
Regarding terminating a North Carolina employee, discrimination is the most common illegal reason. An employer may not fire an employee just because they are of a particular race, religion, gender, or nationality. Greenville employers are further prohibited from firing at-will employees in order to retaliate against them for filing a legal discrimination claim or initiating an investigation of discrimination.
Further, the Family and Medical Leave act makes it illegal for employers to terminate any of their employees who have taken leave based upon family or medical needs. Lastly, employers cannot fire employees who are simply exercising a legal right, performing an obligation under law, or refusing to do an illegal act.
Do I Need a North Carolina Attorney for My Wrongful Termination Case?
A local Greenville, North Carolina attorney can better inform you about whether a wrongful termination has occurred, and will also help in gathering the appropriate documents for your case. There may also be unique procedures that an attorney can shepherd you through.
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