As an employee, you have certain rights and protections under the law. One of these rights is the right to be free from wrongful termination, or the termination of your employment for reasons that are illegal, in violation of public policy, or in violation of your employment contract. We can help guide you through the often-complex legal process of filing a wrongful termination claim and will fight tirelessly to ensure you receive the compensation you deserve for being unlawfully fired. Contact our North Carolina or South Carolina offices today to schedule a consultation.
We understand the serious consequences that wrongful termination can have, including financial losses, damage to your reputation, and emotional distress. If you believe that you have been wrongfully terminated from your job, it’s important to understand your legal rights and options. Below, we’ll take a close look at what constitutes wrongful termination, the laws that protect against it, and the steps you can take to seek justice if you have been unfairly terminated.
What Is Wrongful Termination?
Wrongful termination occurs when an employer terminates an employee for reasons that are illegal or in violation of the employment contract. While most employment in North and South Carolina is at-will (meaning that either the employer or the employee can bring an end to the employment relationship for any reason and at any time), there are exceptions to this rule.
Employers cannot terminate an employee for discriminatory reasons, such as:
- race,
- gender,
- age,
- religion, or
- disability.
Employers also cannot terminate an employee in retaliation for exercising their legal rights, such as filing a complaint of harassment or discrimination.
Similarly, employers cannot terminate an employee in violation of an employment contract or collective bargaining agreement.
If an employer terminates an employee in violation of these laws, the employee may have grounds for a wrongful termination claim.
Examples of Wrongful Termination
If you think that you have been wrongfully terminated, it’s important to speak with a South Carolina employment lawyer to determine your legal options.
Wrongful termination can take many forms that could give rise to a legal claim:
- Discrimination: An employer cannot terminate an employee based on race, gender, age, religion, or disability. For example, if an employer terminates you because of your age, you may have grounds for an age discrimination claim.
- Retaliation: An employer cannot terminate an employee in retaliation for exercising their legal rights, such as filing a complaint of harassment. For example, if an employee is terminated shortly after filing a harassment complaint, the employee may have grounds for a retaliation claim.
- Breach of contract: If an employee has an employment contract or collective bargaining agreement that outlines the terms of their employment, an employer cannot terminate the employee in violation of those terms. For example, if an employee has a contract that guarantees them employment for a certain period of time, and the employer terminates the employee before that time is up, the employee may have grounds for a breach of contract claim.
- Public policy: An employer cannot terminate an employee for reasons that violate public policy. For example, if an employee is terminated for reporting a safety violation or for refusing to engage in illegal activities, the employee may have grounds for a wrongful discharge in violation of public policy claim.
Wrongful Termination in an At-Will State
Even in states that recognize at-will employment, such as North and South Carolina, there are legal protections in place to prevent employers from terminating employees in violation of their legal rights.
While at-will employment can make it more difficult to prove a wrongful termination claim, it is still possible to get justice. Speak with our Charlotte, NC employment lawyers to determine your legal options. We will fight to make sure that the law is fairly enforced and to get you the compensation you deserve.
Wrongful Termination in North Carolina & South Carolina: Are They the Same?
There are some slight differences in employment regulations and the procedures for enforcing labor laws in North Carolina and South Carolina. Let’s look at the similarities and differences between the states.
North Carolina
Generally, employers and workers in North Carolina can end the employment relationship at any time for any reason, with three exceptions. Termination cannot violate the employment contract, state or federal anti-discrimination laws, or state public policy. That means workers cannot be fired for engaging in a protected activity, like utilizing workers’ compensation benefits.
Filing Wrongful Termination Claims in North Carolina
If you were fired illegally in North Carolina, you can file a complaint with the North Carolina Civil Rights Division by phone or online. You can also file a charge with the Equal Employment Opportunity Commission (EEOC) online or in person at your local office.
These agencies work together, and depending on the facts, your charge can be “dually filed” or retained by one agency or the other. This process can be complex and errors or oversights can impact your outcome. For this reason, it’s best to enlist the guidance of an experienced attorney specializing in employment law.
North Carolina Statute of Limitations
For termination based on discrimination, workers generally have 180 or 300 days from the last incident to file a charge with the EEOC or state Civil Rights Division. If the agency handling the complaint decides not to litigate, they will issue a Notice of Right to Sue. However, not all cases require this Notice to file a lawsuit.
If you were fired for reasons other than discrimination, you generally have three years to file a lawsuit. The Noble Law’s wrongful termination attorneys will clarify these timelines and determine your right to file a lawsuit for breach of contract or retaliation.
South Carolina
With some exceptions, most South Carolina employees and their employers can end the work arrangement without reason or notice. Like North Carolina, terminating a worker is unlawful if it violates an employment contract.
Firing is discriminatory when the employer terminates an employee based on protected characteristics like age, race, or religion. It is also considered wrongful termination if a worker is fired for any reason that would “shock the public conscience,” like refusing to do something illegal for their employer.
Filing South Carolina Wrongful Termination Claims
In South Carolina, the state Human Affairs Commission oversees wrongful termination complaints related to discrimination. The agency accepts complaints by phone, mail, fax, or email. The EEOC also investigates claims of unlawful firing.
The two agencies collaborate and share resources to investigate individual complaints. If you were terminated unlawfully for another reason, The Noble Law will assess your case and provide support and guidance if you decide to take legal action.
South Carolina Statute of Limitations
The guidelines for filing a discrimination charge with the South Carolina Human Affairs Commission reflect those in North Carolina. Wrongfully terminated workers have either 180 days or 300 days to make a complaint with the state or federal agency.
If you were not fired due to discrimination, you generally have three years from the most recent to file a civil claim under tort law. The law can be highly nuanced, so it’s always best to seek the counsel of a trusted employment law attorney for your situation.
Are All Employers Subject to Wrongful Termination Lawsuits?
Not necessarily. While most businesses with 15 or more employees are subject to lawsuits, some exceptions exist. These include private membership clubs, religious schools, and employers on Indian reservations. Consult a wrongful termination lawyer if you have questions about your rights and responsibilities as a worker in North or South Carolina.
Legal Protections Against Wrongful Termination
Employment-at-will means employees can be terminated for nearly any reason—unless termination violates their contract or the legal protections provided by anti-discrimination laws.
Here is an overview of key state and federal legislation that protects workers from wrongful termination in North and South Carolina.
The Civil Rights Act
Title VII of the Civil Rights Act of 1964 prohibits discrimination based on race, color, religion, sex, and national origin in hiring, promoting, and firing.
Americans with Disabilities Act
Under the Americans with Disabilities Act of 1990 (ADA), it is unlawful to discriminate in employment against qualified individuals with disabilities. It applies in part to private employers, state and local governments, and employment agencies.
Age Discrimination Employment Act
Applicants and employees ages 40 and older are protected against age discrimination in hiring, discharge, and compensation under the Age Discrimination in Employment Act of 1967 (ADEA.)
North Carolina Equal Employment Practice Act
In North Carolina, employers with at least 15 workers must give all employees the right to seek and hold a job without discrimination based on race, religion, color, national origin, age, sex, or disability.
Retaliatory Employment Discrimination Act
Employees in North Carolina 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, and Workers’ Compensation Act.
South Carolina Human Affairs Law
This law reflects North Carolina’s legislation prohibiting discrimination against applicants and employees based on age, race, nationality, color, religion, sex, or disability. Workers cannot be penalized for speaking out about discrimination, either.
Documentation and Evidence Gathering
A wrongful termination claim can be challenging to prove without supporting evidence. Documenting harassment, discrimination, and other misconduct is essential for a compelling case.
Evidence in a wrongful termination case serves many purposes. First, it establishes a timeline of what occurred and when. Memories fade over time, so it’s important to have detailed records that preserve valuable information.
It also creates a “paper trail” to support the employee’s claims and shows how events transpired over weeks or months. This is another good reason to get everything in writing. If you discuss something important in a conversation with a coworker or manager, follow up with an email summarizing what you talked about and save a copy in a secure location.
Evidence can be used to demonstrate reasonable good faith efforts to address workplace concerns or violations. It may show you took reasonable steps to resolve a work issue before taking legal action. Finally, and perhaps most importantly, documentation is tangible proof to support your claims of harassment or discrimination and establish that your firing was unlawful.
Save anything you signed, including communications with your employer, job descriptions, and performance evaluations. If you’re unsure whether an email, text or other communication is relevant to your claim, make a copy and share it with your wrongful termination lawyer. Let them determine its importance.
What Are the Next Steps for a Wrongfully Terminated Employee?
If you believe that you have been unfairly terminated from your job, there are several options available to you:
- File an EEOC complaint: One option is to file a complaint with the Equal Employment Opportunity Commission (“EEOC”), which is a federal agency responsible for enforcing federal anti-discrimination laws. The EEOC investigates complaints of discrimination and retaliation and can pursue legal action on behalf of the employee if it determines that there is sufficient evidence of wrongdoing.
- Seek compensation in state or federal court: Another option is to file a wrongful termination lawsuit in state or federal court. In a wrongful termination lawsuit, the employee can seek damages for lost wages, emotional distress, and other losses.
- Negotiate an out-of-court settlement with your employer: A third option is to negotiate a settlement with the employer. In some cases, employers may be willing to settle a wrongful termination claim outside of court in order to avoid the expense and negative publicity of a lawsuit.
It is important to review your case with an experienced labor attorney like those at The Noble Law. We will help you understand your options and choose the best path forward.
Get Wrongful Termination Representation from The Noble Law
If you have been wrongfully terminated in North or South Carolina, it’s important to take action and seek legal advice. At The Noble Law, we understand the complex laws surrounding wrongful termination and are committed to fighting for the rights of our clients.
Our experienced employment lawyers serving Raleigh, Durham, and Chapel Hill can help you review the facts of your case and guide you through the legal process from start to finish. Remember, you have legal protections in place to prevent employers from terminating you unfairly. We want to make sure that you are compensated for the unnecessary harm brought against you by your employer. If you have any questions about your circumstances, please do not hesitate to call us. We will help you get clarity about your situation and give you all the information you need to decide on next steps.