- A North Carolina employer may not commit discrimination in firing an employee.Comstock Images/Comstock/Getty Images
Like many states, North Carolina is an "at-will employment" state. Workers in North Carolina without an employment contract setting forth a specific time period of employment can be fired for any reason or no reason at all. An employer has even greater discretion to fire employees in times of economic peril, particularly when the employer is experiencing widespread downsizing. However, an employer may not fire an employee in prohibition of federal or North Carolina labor statutes, or fire an employee in a discriminatory or retaliatory manner. - Various federal statutes prohibit employers from firing workers on the basis of their status. The Civil Rights Act of 1964 prevents employers from terminating employees on the basis of color, race, sex, religion or national origin. Other anti-discrimination federal statutes prevent employers from terminating employees on the basis of age, being pregnant or being handicapped. However, the protections against termination found in federal law generally only apply when an employer has at least 15 employees. The National Labor Relations Act also prohibits an employer from terminating employees that attempt to form or join a labor union, who participate in union activity or who are associated with union activity.
- North Carolina law provides additional protections that prevent an employer from firing a worker under certain circumstances. North Carolina law prevents employers from terminating employees for carrying the sickle cell trait or who refuse to submit to genetic testing. North Carolina law also prohibits the termination of workers who enlist with the North Carolina National Guard after beginning employment. However, for a complaint to be heard, an employee who is fired by an employer in violation of North Carolina labor law must immediately register the termination with the North Carolina Equal Employment Opportunity Commission.
- Both federal and North Carolina law prevent an employer from terminating an employee as a form of retaliation. In the course of employment, an employee may file a complaint or initiate an inquiry or investigation of their employer with a state agency, such as the Worker's Compensation Board, the Occupational Health and Safety Board, or the Mine Health and Safety Board. An employer may not fire an employee because they have filed a complaint with any North Carolina state agency or testified in a wrongful termination court proceeding. To file a lawsuit against an employer engaged in retaliatory discharge, an employee must register a complaint with the North Carolina Department of Labor within 180 days of termination.
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