If you were let go or fired from your job, it's natural to feel angry or that you were treated unfairly. You may even be exploring a wrongful termination suit to get back pay, punitive damages, or even get reinstated at your job, but before you do, it's important to understand the reasons behind your job loss and what constitutes wrongful termination in North Carolina. Our employment lawyers in Pinehurst are breaking down the issue to help you determine your options.
Understanding At Will Employment in North Carolina
North Carolina is one of many "at will employment" states, which removes protections for employees and minimizes the ability to seek wrongful termination damages by allowing employers to fire a worker for virtually any reason with few exceptions. Being late once, a personality clash, or a simple mistake are all legally acceptable reasons to terminate an employee in the eyes of the law, and there doesn't need to be a "paper trail" or warning beforehand. This may seem frustrating and unfair, but there isn't legal recourse, unless it can be proven that the firing was due to a protected reason.
Causes for a Wrongful Termination Case in North Carolina
While the state typically sets employment laws, there are federal mandates, such as minimum wage and certain employee protections that, if not met, can constitute a wrongful termination case.
Both state and federal law prevent an employer from firing an employee based on the following:
- Sex (sexual harassment does fall under this category)
- Age (if 40 or older)
- Citizenship status
- Diagnosis of HIV or AIDS
- Diagnosis of sickle cell or hemoglobin C
- Military status or service
However, North Carolina employers are only legally required to comply if they have over 15 employees.
If you were fired because of a protected characteristic or you were fired for not responding to harassment or requiring reasonable accommodations for a disability, these are illegal and can be the basis of a wrongful termination suit.
Employers are not allowed to retaliate against an employee for any of the following reasons:
- Filing a lawsuit;
- Testifying in court against the employer;
- Reporting activities that are illegal or unethical to a government agency or oversight agency;
- Filing a report of discrimination
If you lodge a complaint against your employer, it should be recorded with the Equal Employment Opportunity Commission, but it may be helpful to file a complaint with them. This protects you from retaliation.
Exercising Your Legal Rights
Employees have a right to minimum wage, certain job conditions, and overtime eligibility in non-salary jobs. If an employer refuses to pay an employee minimum wage and fires an employee for complaining or filing a wage claim, the employee can bring a wrongful termination suit.
Additional protected rights include:
- Military leave;
- Jury duty;
- Family and Medical Leave Act (FMLA)
- Domestic violence order allowing an employee to get an order of protection for themselves or their child.
- Filing a workers' compensation claim
- Engaging in lawful activities (like smoking or drinking alcohol) when off-duty and away from the workplace.
Breaking an Employment Contract
If you signed an employment contract with the company, and there are protections against getting fired or a promise of job security, at will employment is not applicable to you. In North Carolina, if you sign an employee handbook that states you have a series of disciplinary steps prior to termination, that can be considered a contract, thus, if you're fired the first time you're late, this is a legal breach of contract.
Schedule a Consultation with Our Employment Attorneys in Pinehurst
If you've been fired from your job, and you feel it was not handled fairly or legally, schedule a consultation with our team. We will look at the details of your case and help you determine which direction to go.