While North Carolina is an at-will state for employment, that does not mean workers have no recourse if they were victims of wrongful termination. While employers can fire workers at any time, employees are protected from some forms of wrongful termination under state and federal laws. Whether you have a wrongful termination claim depends on the specific circumstances surrounding your situation.
An employment law attorney at The Noble Law can help protect your rights and investigate your claim. They understand the trauma of wrongful termination and can help you navigate a complicated system.
What is Wrongful Termination?
As an employment at-will state, North Carolina employers have great leeway when it comes to terminating employees. However, an employer cannot terminate someone for reasons that are illegal under federal or state law. The same is true for firing whistleblowers, or those who refuse to participate in illegal activities.
In North Carolina, there are different wrongful termination standards for salaried vs. hourly wage-earning employees. Salaried workers have the right to take time off for jury duty or military leave. These rights do not apply to non-salaried employees.
Common Reasons for Wrongful Termination
The more frequent reasons for wrongful termination include:
- Discrimination: It is illegal to terminate an employee based on their race, gender, religion, color, national origin, age, disability, or pregnancy.
- Retaliation: Employers often fire workers as a retaliatory measure for reporting unlawful conduct or sexual harassment or discrimination. This practice is illegal.
- Breach of contract: Higher-level employees may have contract agreements with companies with strict terms and conditions of employment. For example, the contract may specify the length of employment. If the employer violates the contract by terminating the employee beforehand, the employee may have a wrongful termination claim.
- Violation of public policy: If the firing violates a public policy, such as an employee refusing to engage in illegal activity, the employee may have grounds for a wrongful termination lawsuit.
Legal Protections Against Wrongful Termination
The Equal Employment Opportunity Commission (EEOC) is in charge of enforcing federal laws offering legal protection against wrongful termination. These laws include:
- Title VII of the Civil Rights Act (Title VII)
- Age Discrimination in Employment Act (ADEA)
- Americans with Disabilities Act (ADA)
North Carolina state laws protect employees under the Retaliatory Employment Discrimination Act (REDA). Under REDA, employees are protected against retaliation by employers if they engage in activities protected under the:
- Occupational Health and Safety Act
- Mine Safety and Health Act
- North Carolina Wage and Hour Act
- Workers’ Compensation Act
State laws also protect those fired for participating in the North Carolina National Guard, carrying the sickle cell trait, or being let go due to results of genetic testing. Those with HIV/AIDS status are also protected from discrimination.
For employees working for private companies, Title VII and ADA protections against discrimination apply only to those companies with a minimum of 15 employees, and ADEA protections against discrimination apply only to those companies with a minimum of 20 employees.
How a Chapel Hill Wrongful Termination Attorney Can Help
A Chapel Hill wrongful termination lawyer will have a deep knowledge and understanding of the local laws and regulations. After an initial consultation and case evaluation, an attorney will determine whether you have a strong claim. If you do have a strong claim, your lawyer will help in gathering and preserving evidence and filing a wrongful termination claim.
Your attorney negotiates with your employer’s insurance company to come to a fair settlement. If the insurer fails to agree to a reasonable settlement amount, we can proceed with litigation and represent you in court.
Common Questions About Wrongful Termination
What Constitutes Wrongful Termination?
Wrongful termination occurs when an employee is fired due to provable discrimination or as retaliation for whistleblowing or filing complaints. It also involves breach-of-contract situations and firings violating public policy. Otherwise, North Carolina employers can fire employees at will.
What Should I Do If I Believe I Was Wrongfully Terminated?
Document your claim as thoroughly as possible and contact a Chapel Hill wrongful termination lawyer.
How Long Do I Have to File a Wrongful Termination Claim?
An employee who has been terminated in violation of federal anti-discrimination laws has 180 days to file a charge with the EEOC.
What Compensation Can I Receive for Wrongful Termination?
If it is determined that your employer wrongfully terminated you, compensation may include returning to your job, receiving back pay, and payment of attorney’s fees. In some cases, you may receive monetary damages.
Can I Still File a Claim If I Signed a Severance Agreement?
If offered a severance agreement, do not sign it before obtaining advice from a Chapel Hill employment law attorney. Signing such a document can affect your claim.
Steps to Take After Being Wrongfully Terminated
A successful wrongful termination claim relies on evidence. Make sure to carefully document the termination event, including any reasons given. Collect all relevant information, such as contracts or employment agreements, benefits plans, performance reviews, emails, recordings, and related correspondence.
After gathering this material, the next step involves contacting a Chapel Hill wrongful termination attorney. Your lawyer will file an Equal Employment Opportunity Commission (EEOC) charge on your behalf and discuss your options, including filing a legal claim.
Contact Our Chapel Hill Wrongful Termination Lawyer Today
If you believe you were wrongfully terminated, contact a Chapel Hill wrongful termination attorney today. Schedule a no-obligation consultation. We serve Chapel Hill and the Triangle Region of North Carolina. Here is our office location.