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.
Employment not falling in the "at will" category is subject to different limitations and requirements, so you should be sure to know the classification of your work setup. 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?
The most common illegal ground for terminating a North Carolina employee is discrimination. An employer cannot terminate an employee simply for being of a particular race, nationality, religion or gender. An employer in Polk County also cannot fire at-will employees in retaliation for the employee filing a claim for discrimination or prompting an investigation of discrimination against the employer.
Furthermore, 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. Finally, employers cannot terminate employees who are simply exercising a legal right, performing an obligation under law, or refusing to do an illegal act.
Do I Need a North Carolina Attorney for My Wrongful Termination Case?
Local Polk County, North Carolina lawyers can thoroughly inform you regarding whether a wrongful termination has in fact occurred. They can also help you gather the necessary documents for your case, and can guide you through any procedures that may be unique or unfamiliar.