Firing an employee for illegal reasons is called “wrongful termination” or “wrongful discharge”. Employees may be entitled to bring a lawsuit if an illegal firing occurs.

Wrongful Termination in North Carolina

Most employees in North Carolina and throughout the United States are “at will” employees. That means you can leave your job for any reason you choose, just as your employer can let you go from your job with or without cause.

What your employer cannot do, however, is fire you from your job for illegal reasons, such as discrimination, retaliation, or for refusing to break the law.

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What counts as “Wrongful” Firing?

The law prohibits your employer from firing you for any reason that is against the public policy of the state. The courts have elected not to specifically define what counts as wrongful termination in order to remain flexible enough to cover new situations that are abhorrent to public welfare.

If you were fired for any of the following reasons, you may be entitled to bring a lawsuit for wrongful termination:

• Discrimination
• Harassment
• Refusing to lie in court
• Refusing to break industry safety rules
• Refusing to falsify records
• Refusing to accept illegal working conditions
• Objecting to unsafe working conditions
• Objecting to illegal pay practices
• Filing (or threatening to file) a complaint with a government agency
• Reporting corruption to public officials
• Adhering to professional standards of practice
• Filing criminal charges
• Cooperating in a criminal investigation
• Refusing to violate debt collection laws
• Opposing activity that violates federal law or defrauds the federal government
• Smoking
• Taking time off for a child’s school activities
• Taking time off to obtain a protective order

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What to do if You Suspect Wrongful Termination

If you are still employed and have raised any wrongful termination issues, you may already have a sense that you are in danger of losing your job and your labor rights may be violated. Contact an employment lawyer while you are still employed.

There may be important steps you need to take while still employed in order to ensure you are protected. There are also specific measures experienced attorneys can take to counter a company’s attempt to wrongfully fire you or retaliate against you.

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How long do I have to act?

Most federal causes of action for employment discrimination, retaliation and harassment, have a 180 day statute of limitation deadline to file with the Equal Employment Opportunity Commission.  

Under North Carolina common law cause of action for wrongful termination, there is a three year limitation period to file in court.

Failure to pursue legal claims within these deadlines can result in waiver of claims; consult with an attorney to identify pertinent time deadlines applicable to your situation.