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?
In the state of North Carolina, employee discrimination is the most common illegal ground for termination in an at-will employment. Employers are prohibited from terminating their employees on the basis of race, gender, religion, or nationality. An employer in New Bern 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, the Family and Medical leave act prohibits employers from firing employees for having taken leave for family or medical reasons. 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?
In New Bern, 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.