North Carolina Wrongful Termination Laws

Wrongful termination and discrimination in the workplace is outlawed in every state in the union. However, in addition to federal regulations such as the Federal Labor Standards Act of 1938 and the Civil Rights Act of 1964, all states have supplemental laws that expand those protections and in some cases, increase the penalties for employers. North Carolina is an “at will” employment state, which allows employers and employees to terminate employment at any time and for any reason except those prohibited in federal and state statutes. Those statutes also provide methods for victims to file claims for reinstatement and compensation when their rights have been violated.

North Carolina’s Specific Labor Laws

The specific state labor statutes enacted by the North Carolina legislature include the following:

Benefit	State Law	Additional Benefits
Right to Work	Yes
State Minimum Wage	$6.15	Maximum tip credit $3.02; minimum wage for tipped employees $3.13
State Military Leave	Yes	Unpaid leave for North Carolina National Guard members on active duty; guaranteed reinstatement in same or similar position unless employer changes make it unreasonable; must apply for reinstatement 5 after completion of service; termination or discrimination based on military service is prohibited
Jury Duty	Yes	Unpaid leave; demotion for serving jury duty is prohibited
Voting	No
Garnishment	Yes	Employer fee $1 per child support payment; $1 per public hospital payment; penalties and discrimination for garnishments prohibited
State Family & Medical Leave	Yes	All employers covered; all employees eligible; up to 4 hours family leave for school activities per year
Arrest & Conviction Records	No
Discrimination	Yes	For 15 or more employees; for age; national origin; disability (physical or mental); HIV/AIDS; gender; race; religion; genetic testing; lawful use of any product during nonwork hours; military service; sickle cell trait
Whistleblower	Yes	For public and private employees, discrimination or discharge because of complaint, testimony, refusing an unlawful action, or filing OSHA complaint prohibited
Plant Closings	No

*These laws change often, so consult local statutes for the most up-to-date information.

North Carolina Discrimination Laws

Based on federal laws barring discrimination based on race, color, religion, sex, or national origin and the state supplemental statutes listed above, the following parameters guide employees in filing for relief under North Carolina law:

Victims of discrimination the workplace or wrongful termination may not file private lawsuits, but must file claims through state EEOC or human rights agencies
Employees are not eligible to recover attorney’s fees in discrimination claims or suits
There are no state statutes of limitations on discrimination or wrongful termination claims

Filing a Claim for Wrongful Termination

State agencies do not always validate and pursue wrongful termination claims. To determine whether or not to file a claim, the agency investigates the case thoroughly and, if they find it viable, generally begin by attempting mediation or conciliation to avoid the time and cost of court cases. If those efforts are ineffective, however, they may file a lawsuit on behalf of the employee.

Legal Remedies for Wrongful Termination

The remedies a state EEOC or human rights agency can pursue, depending on the violation and the state statutes, include any or all of the following:

Injunctive relief in the workplace
Reinstatement of benefits and position
Lost wages
Compensation for stress and suffering
Punitive damages
Attorney’s fees and court costs

In North Carolina, state statutes have additional penalties for discrimination or wrongful termination violations in the following areas:

Jury duty – liable for damages and reinstatement

Garnishment – for child support withholding that results in wrongful termination or discrimination, liable for fines of up to $100 for first offense, $500 for second offense, and $1,000 for third; for noncompliance with child support withholding order, liable for contempt of court

Whistleblower – public employers willfully violating wrongful termination or discrimination laws liable for three times legal costs and reasonable attorney’s fees; for private employers willfully violating wrongful termination or discrimination laws, liable for triple damages

For victims of wrongful termination and discrimination in the workplace, the primary avenue of relief under North Carolina law is filing a claim through state EEOC offices and the Department of Labor. Because of the number of cases they generally have pending, it can be vital for employees to have their own employee rights attorney to represent them and ensure that all remedies are being aggressively pursued on their behalf.