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 critical 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 agreement, 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?

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. A Davidson employer also is prohibited from terminating at-will employees as a form of retaliation if the worker has sought an investigation into discrimination or has filed a legal claim for 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?

In Davidson, North Carolina, a lawyer will be able to notify you about whether you are a victim of wrongful termination, and they will be able to guide you in preparing the necessary documents. Sometimes there can be procedures that are unique, and a lawyer can guide you in these as well.