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. Work arrangements that are based on an employment contract are often not "at will", and so they cannot be terminated except according to the contract provisions.
What are the Illegal Grounds for Terminating At Will Employment in North Carolina?
The most common illegal ground for terminating a North Carolina employee is discrimination. An employer cannot terminate an employee simply for being of a certain race, nationality, religion or gender. Employers in Jacksonville may also not terminate at-will employees as an act of retaliation if they have filed a legal discrimination claim or prompted an investigation into 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. Finally, employers may not fire workers who exercise their legal rights, perform a legal obligation, or refuse to commit an illegal act.
Do I Need a North Carolina Attorney for My Wrongful Termination Case?
Attorneys in Jacksonville, North Carolina may be able to inform you as to whether a wrongful termination has occurred, and can assist you in preparing the required documents for your case. There may also be unique or unfamiliar procedures, and an attorney can guide you through these as well.
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