Wrongful Termination in North Carolina
Falling victim to a wrongful termination from your place of employment is a painful experience. Being fired on short notice, or without any reasonable explanation, feels wrong and unfair.
Employees in North Carolina play a major role in the aerospace, automotive and manufacturing industries, among countless others. The state’s economy hinges on the contributions of its residents and their ability to work in an environment where they are free from predatory or discriminatory employment practices, including wrongful discharge.
The attorneys at Herrmann & Murphy have expertise in North Carolina’s employment laws. We are uniquely qualified to handle your wrongful termination case and will aggressively fight on your behalf to obtain justice. Contact our firm today to learn more about possible remedies you may be entitled to for compensation.
What is At-Will Employment?
At-will employment means employers can choose to terminate an employee at any time, for any reason which is not illegal under federal or North Carolina state law. At-will employment is considered the norm in the United States. This doctrine also offers the freedom for workers to terminate their employment at any time, for any reason which is not illegal.
There are several important exceptions to at-will employment in North Carolina. In certain circumstances, firing an employee can violate employment laws. This type of legal claim is referred to as wrongful termination or wrongful discharge.
What is Considered Wrongful Termination in North Carolina?
Under the doctrine of at-will employment, employers in North Carolina have significant discretion to dismiss an employee as they see fit. The employer’s actions must violate a specific law or provision in order to be considered wrongful termination.
The chart below summarizes key differences between permissible, legal termination and wrongful discharge in the state of North Carolina:
| Legal Termination | Wrongful Termination |
|---|---|
| Firing an employee for no reason | Violating an employment contract |
| Termination on short or no notice | Discrimination |
| Providing no time for corrections | Prohibited retaliation |
| Ridiculous or unfair reasoning | Violating public policy |
Pursuing Wrongful Discharge Cases in North Carolina
There is no precise checklist of conditions to determine whether you may or may not have a claim for wrongful termination. In addition to federal law, North Carolina offers specific protections for employees, including:
- North Carolina Equal Employment Practices Act (EEPA)
- North Carolina Retaliatory Employment Discrimination Act (REDA)
- North Carolina Workers’ Compensation Act
- North Carolina Wage and Hour Act (NCWHA)
For the above reasons and more, it is important to contact an attorney with expertise in wrongful termination laws in North Carolina. If you believe you have been wrongfully discharged, contact the attorneys at Herrmann & Murphy for a consultation.
Speak to a Wrongful Termination Attorney in North Carolina
The employment law attorneys at Herrmann & Murphy hold employers accountable and obtain fair compensation for clients in North Carolina who have experienced the injustice of wrongful job termination. Contact us for a confidential consultation by submitting an online form or calling 704-940-6399.
Wrongful Termination FAQ
Many kinds of behavior can be discriminatory, and your remedies are not limited to wrongful discharge. For example, employment discrimination can also include treating certain employees differently, paying them less, or withholding employment opportunities because of who someone is, rather than what they do. These are only a few of countless examples of workplace discrimination.
Both federal and North Carolina state law prohibit discrimination against several protected classes, including discrimination on the basis of age, sex, race, ethnicity, religion, veteran status, disability, skin color, national origin, sexual orientation, gender identity, and pregnancy.
If you believe you may have experienced workplace discrimination as an employee in the state of North Carolina, discuss your concerns with a wrongful termination attorney at Herrmann & Murphy. Call 704-940-6399 or email us.
If an employee in North Carolina is fired or quits their job, they are required to receive a final paycheck on the next scheduled payday for any unpaid wages. If you believe your overtime has been shorted or your employer owes you money, contact our team of wrongful termination attorneys for a consultation by calling 704-940-6399 or emailing us.
Employers in North Carolina are not required to pay severance to a terminated employee, and any exceptions are very rare. An employer may offer a severance package which can only be accepted if the employee signs a severance agreement. Typically, this agreement includes language about waiving the right to pursue a lawsuit against the employer.
Severance packages are negotiable and may be presented with a deadline to accept or decline. Contact our North Carolina wrongful termination lawyers if you need assistance reviewing or negotiating severance pay and/or a severance agreement.
