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 crucial 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. Arrangements for employment that are under a set term contract are not "at will", and may only be terminated according to the clauses contained in the agreement.
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 specific race, religion, gender, or nationality. An employer also may not fire an at-will employee in retaliation for the employee initiating an investigation into discrimination or filing a legal claim of discrimination against the Buncombe County employer.
Additionally, 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 are prevented from firing an employee because they have exercised a legal right, performed a legal obligation, or have refused to do something that is illegal.
Do I Need a North Carolina Attorney for My Wrongful Termination Case?
Attorneys in Buncombe County, North Carolina may be able to inform you as to whether a wrongful termination has occurred, and can assist you in collecting the required documents for your case. There may also be unique or unfamiliar procedures, and an attorney can guide you through these as well.