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. 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 procedures.

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 barred from terminating their employees on the basis of race, gender, religion, or nationality. An employer in Oak Island also cannot fire at-will employees in retaliation for the employee filing a claim for discrimination or initiating an investigation of discrimination against the employer.

Additionally, employers are prohibited by the Family and Medical Leave act from firing those employees who take leave in order to address family or medical concerns. 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?

Attorneys in Oak Island, 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.