What is a wrongful termination? Employees wrongfully terminated experienced discrimination or retaliation by their former employer. Workers wrongfully fired from jobs may be going through an emotional and financial hardship due to their unfair treatment. This can lead those who experienced wrongful termination in North Carolina to seek restitution in a court of law to mitigate their suffering.
Employees wrongfully terminated from jobs may feel unfairly treated but must also prove that their previous employer broke a law. Before claiming they have been wrongfully fired, employees should review the employment laws of the government and state. If an illegal wrongful dismissal has truly been committed, the employee will have the right to file a claim against the former employer.
For information on unlawful termination in NC and the rights of employees, examine the following sections:
- Types Of Illegal Termination in North Carolina
- Types Of Legal Termination in North Carolina
- At-Will Employment Exceptions in North Carolina
- Filing a Discrimination Charge With The Equal Employment Opportunity Commission in North Carolina
- Filing a Lawsuit Against Your Employer in North Carolina
North Carolina Unemployment Resources
Types of Illegal Termination in North Carolina
There are many types of illegal termination of employment committed by employers are unlawful, unfair and biased. All these types of unlawful terminations leave employees with financial adversity and can have negative effects on their professional futures.
Discrimination is part of many types of illegal terminations in North Carolina, such as firing an employee based on age, gender, race, religion, veteran status or due to a disability. Retaliatory types of illegal firing occur when the dismissal of employees is due to open cases against the employer, like an unfair overtime payment lawsuit or sexual harassment claim.
Employees fired for receiving worker’s compensation benefits have also suffered a wrongful termination. Workers who experienced one of the types of illegal dismissal of employment mentioned above may want to seek justice for the circumstances under which employers fired them. These types of unlawful terminations from employment are illegal, and employees can choose to file a claim against the former employer.
Types of Legal Termination in North Carolina
Since many legal reasons for terminating employees in North Carolina exist, fired workers should review the laws before filing a claim. The types of legal termination of employment allow an employer to fire an employee while staying within the law. If an employer uses one of the types of legal termination in North Carolina, the terminated employer cannot seek compensation by filing a claim.
The types of legal firing in NC are:
- Employee poor performance
- Layoffs
- Business closure
- End date of an employee contract
While these types of legal dismissal of employment may still lead a fired worker to suffer financial and emotional hardship, the employee has no right to file a claim.
At-Will Employment Exceptions in North Carolina
Exceptions to at-will employment are under observation in states to clarify the at-will employment law. At will employment exceptions in North Carolina are accompaniments to the law, so workers’ rights are under government protection. What is employment at will? The at-will employment law allows employees and employers to end their working relationship for any legal reason at any time they see fit.
Residents of the state may question, “Is North Carolina an at-will state?” Like almost all states in the U.S., North Carolina does observe the at-will employment law. Only one of the three exceptions to at-will employment is state recognized in NC. It is the public-policy exception, which forbids employers from dismissing employees if the termination dishonors a public policy.
Exceptions to at-will employment in North Carolina that are not currently observed are the implied-contract exception (employees cannot be terminated if an implied contract is in place) and the covenant of good faith and fair dealing exception (employers must always treat employees with good faith and no malevolent intent).
Filing a Discrimination Charge With the Equal Employment Opportunity Commission in North Carolina
The process for how to file a charge of employment discrimination starts with submitting a claim to the Equal Employment Opportunity Commission (EEOC) within 180 calendar days of the illegal action. When filing a charge of discrimination in North Carolina, you can choose to submit the information by phone, mail, online or in person with the Raleigh district office. After you file a wrongful termination discrimination charge in NC, your claim will go through the EEOC’s procedure.
When you look into how to file an EEOC employment discrimination claim, you may find the actions after filing to be thorough. First, the EEOC will notify you about your claim status and if they will pursue an investigation.
If so, the agency may suggest a mediation program for you and your employer, which can take about three months to accomplish. If no agreeable settlement comes from mediation, EEOC staff will attempt a voluntary settlement and the conclusion of this settlement takes approximately 10 months.
If after filing a charge of discrimination in North Carolina with the EEOC a settlement is not possible, the agency will grant you a Notice of Right to Sue your former employer.
Filing a Lawsuit Against Your Employer in North Carolina
If you are wondering how to file a wrongful termination lawsuit, the EEOC must first grant you the Notice of Right to Sue your former employer. Suing for wrongful termination in North Carolina means that you will need to prove your case and the illegal actions performed by your previous employer. After you file a lawsuit against employers for wrongful termination, you will need to produce evidence of your case in the courtroom, including paycheck stubs, records of employment and first-hand witness testimonials.
Can I file a lawsuit for wrongful termination successfully? You should consider filing a wrongful termination claim against an employer with a lawyer by your side for the best chance of winning your lawsuit. When you file a lawsuit against your employer in North Carolina, an attorney can help you gather the appropriate evidence to prove your case.
Last Updated: October 18, 2022