Popular searches:
layoff laws wrongful dismissal severance pay laws job termination
Talk to a Lawyer
Enter a zip code to speak to a Lawyer that serves your area.
Select the type of Lawyer you need
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.
Local Resources
Regional EEOC Branches
Charlotte District Office
129 W. Trade Street, Suite 400
Charlotte, NC 28202
704-344-6682 or 800-669-4000
TTY: 704-344-6684 or 800-669-6820
FAX: 704-344-6734 or 704-344-6731
Greensboro Local Office
2303 W. Meadowview Road, Suite 201
Greensboro, NC 27407
336-547-4188 or 800-669-4000
TTY: 336-547-4035 or 800-669-6820
FAX: 336-547-4032
Raleigh Area Office
1309 Annapolis Drive
Raleigh, NC 27608
919-856-4064 or 800-669-4000
TTY: 919-856-4296 or 800-669-6820
FAX: 919-856-4151
Employment Discrimination Bureau
Department of Labor
Raleigh, NC
919-807-2796
800-NC-LABOR
www.nclabor.com/edb/edb.htm