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 point. The only exception to this are reasons that the law has particularly outlined as impermissible to use as a basis for employee termination.

It is essential 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 defined term contract are not "at will", and can 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 certain race, religion, gender, or nationality. An employer in Clayton also cannot fire at-will employees in retaliation for the employee filing a claim for discrimination or seeking an investigation of discrimination against the employer.

Also, under the Family and Medical Leave Act, employers may not terminate employees who have taken leave for family reasons or medical treatment. Lastly, employers may not terminate 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?

Clayton, North Carolina lawyers are knowledgeable and can inform you properly as to whether a wrongful termination has occurred. They will also be able to help you gather the necessary information and documents, and will guide you through any unique or special procedures.