Losing a job hurts. But depending on the circumstances, you can do a lot to defend yourself against a wrongful termination and recover what you have lost. Although North Carolina is an at-will employment state, your employer cannot fire you for discriminatory or certain retaliatory reasons.
Obtaining justice in these cases can be challenging, but our Winston-Salem wrongful termination lawyers at EMP Law are highly experienced and can help you overcome daunting odds in workplace disputes.
Request a consultation today by calling (336) 724-2828 or reaching out to us online.
Key Points
- North Carolina is an at-will employment state, but that does not mean your employer can fire you for any reason, — terminations motivated by discrimination or unlawful retaliation are illegal under both state and federal law, regardless of at-will status.
- Wrongful termination claims fall into two main categories: discrimination and retaliation, — discrimination covers firing based on age, race, sex, religion, disability, pregnancy, national origin, or genetics, while retaliation covers firing for asserting protected legal rights, such as filing a workers’ compensation claim or reporting a safety violation.
- Filing deadlines are strict and vary by claim type, — EEOC discrimination charges must be filed within 180 days (sometimes 300), REDA retaliation complaints within 180 days, and breach of contract claims within 3 years — missing any deadline can permanently bar your claim.
- Resigning does not necessarily disqualify you from filing a wrongful termination claim, — if your employer made working conditions so intolerable that a reasonable person would have felt forced to quit, that may qualify as constructive discharge under North Carolina law.
- A successful wrongful termination claim can result in back pay, reinstatement, emotional distress damages, punitive damages, and attorney fees, — an experienced Winston-Salem employment attorney can help you pursue the maximum recovery whether through settlement or in court.
What Is At-Will Employment?
At-will employment means your employer can fire you for almost any reason (or no reason) without that termination being wrongful or unlawful.
Thankfully, your employer’s power in the workplace is not absolute. Under North Carolina and federal law, your employer cannot use a termination or adverse employment action to discriminate against you based on your membership in a protected group or retaliate against your involvement in a protected activity.
What Is Wrongful Termination?
A wrongful termination is a termination motivated by discrimination or unlawful retaliation. Under state and federal law, many employees enjoy protection from these types of terminations.
Workplace Discrimination
If your employer makes an adverse decision against you or harasses you because of one of the following reasons, you may have a discrimination case:
- Age,
- Disability,
- Genetics,
- National origin,
- Pregnancy,
- Race,
- Religion, or
- Sex.
Your employer is also liable if they retaliate against you for making, inquiring about, filing or assisting with a discrimination complaint. If your employer commits a discriminatory act, you can make an internal complaint, or you may file a discrimination complaint against them with the Equal Employment Opportunity Commission (EEOC).
Private, state, and local employers must have at least 15 employees (20 in age discrimination cases) for the EEOC to intervene. And the EEOC can intervene with federal employers regardless of workforce size.
Determining whether your employer is covered is not always a simple question, so it is best to speak to a wrongful termination lawyer in Winston-Salem, NC to preserve your rights.
Retaliation
Not only should your membership in a protected group not be a reason for a wrongful termination, neither should your participation in protected activities.
Under North Carolina laws, these protected activities include:
- Asserting your rights under the North Carolina Wage and Hour Act,
- Claiming benefits under the Workers’ Compensation Act,
- Asserting your rights under the Mine Safety and Health Act,
- Participating in the National Guard,
- Asserting your rights under North Carolina’s domestic violence laws,
- Carrying the sickle cell or hemoglobin C trait,
- Asserting your rights under the North Carolina Pesticide Law,
- Engaging in lawful activities outside of work,
- Asserting your rights under the Occupational Safety and Health Act,
- Participating in the juvenile court system for your child,
- Asserting your right to take leave to tend to your child’s schooling needs,
- Using genetic testing or counseling, and
- Asserting your rights under North Carolina’s Workplace Violence Prevention law.
Employees retaliated against or fired for the above reasons can file lawsuits or retaliation complaints with North Carolina’s Retaliatory Employment Discrimination Bureau (EDB). Charges for protected activity under the Retaliatory Employment Discrimination Act (REDA) must be filed no more than 180 days after the adverse employment action. The EDB will investigate your case, and may intervene, offer mediation, or issue a Right-to-Sue.
How Do I Prove My Wrongful or Retaliation Case?
Sometimes you can prove your wrongful termination case with evidence regarding what your employer said about your protected status or activity (direct evidence).
Sometimes you need to prove your wrongful termination claim by proving your employer’s inconsistent behavior toward you (comparative evidence). Your employer’s inconsistent behavior toward you compared to other employees, or compared to treatment you received before revealing a protected status or activity can be key in proving your case.
Regardless of the theory you use to prove your case, the types of evidence you need to prove it can be the same, such as:
- Employment contracts,
- Employer emails,
- Other employer correspondence,
- Employment handbooks and policies,
- Job advertisements,
- Witness testimony (including yours),
- Personnel records,
- Disciplinary records,
- Commendations, and
- Discrimination complaint history.
You do not always have access to these types of evidence on your own. In fact, North Carolina law does not require your employer to give you access to your personnel file.
When you anticipate filing a complaint, collect what you legally can, and you can leave the rest of the hard work to your skilled Winston-Salem wrongful termination attorney. Experienced NC wrongful termination lawyers know how to utilize the complaint system and various legal tools to get the best evidence for your case.
How Can a Wrongful Termination Case Help Me?
State and federal laws against wrongful termination can provide harmed employees with many benefits.
A victim of wrongful termination in Winston-Salem, NC could win:
- Back pay,
- Job reinstatement,
- Compensation for related financial losses,
- Promotion,
- Compensation for emotional harm,
- Employee benefits,
- Punitive damages,
- Attorney fees, and
- Legal costs.
Sometimes employees and discriminatory employers can work out these awards in a settlement. Sometimes employees need to file a wrongful termination lawsuit to get the relief they deserve under North Carolina state law. An experienced employment attorney can help you get the maximum recovery in the negotiation room or the courtroom.
Frequently Asked Questions About Wrongful Termination in Winston-Salem, NC
How long do I have to file a wrongful termination claim in North Carolina?
It depends on the type of claim. For discrimination-based wrongful termination, you must file a charge with the EEOC within 180 calendar days of the discriminatory act (sometimes extendable to 300 days). For REDA retaliation claims, you must file a written complaint with the NC Retaliatory Employment Discrimination Bureau within 180 days. For breach of employment contract claims, the statute of limitations in NC is 3 years. Because deadlines vary by claim type and missing any of them can permanently bar your claim, contacting an employment attorney promptly after termination is critical.
Can I be fired for no reason in North Carolina?
Yes, in most cases. North Carolina is an at-will employment state, which means an employer can terminate an employee at any time, for any reason, or for no reason at all, as long as the reason is not unlawful. The exceptions discrimination, certain retaliation, breach of contract, and violation of public policy are what most wrongful termination claims are built on. If you were fired and something about it does not feel right, an employment attorney can evaluate whether any of those exceptions apply to your situation.
What is the difference between an unfair termination and a wrongful termination?
An unfair termination is one that feels unjust you were let go for reasons that seem petty, untrue, or poorly handled. An unfair termination is not necessarily illegal. A wrongful termination is one that violates a specific law or legal protection such as being fired because of your race, in retaliation for filing a workers’ compensation claim, or in violation of a written employment contract. Only wrongful terminations give rise to legal claims. An employment attorney can help you assess which category your situation falls into.
What if I resigned — can I still file a wrongful termination claim?
Possibly. If your employer made working conditions so intolerable that a reasonable person in your position would have felt compelled to resign, that may constitute constructive discharge, which NC law treats as an involuntary termination. The same legal protections and filing deadlines apply. Whether your resignation qualifies as constructive discharge depends on the specific facts of your situation, including what conditions your employer created, how severe they were, and whether you raised concerns before leaving.
Can I get unemployment benefits if I was wrongfully terminated?
Unemployment eligibility in North Carolina is determined by the NC Division of Employment Security (DES) independently of any wrongful termination claim. If you were terminated by your employer (as opposed to voluntarily quitting), you may be eligible for unemployment benefits. Filing for unemployment does not waive any wrongful termination claim you may have. The two processes run separately. An employment attorney can advise on both.
Do I need a lawyer to file an EEOC complaint?
No, you can file a charge with the EEOC without an attorney. However, having legal representation from the outset significantly affects the quality of your submission and the framing of your claim. Mistakes made during the EEOC process such as describing events imprecisely or failing to include all relevant incidents can affect the strength of any subsequent lawsuit. Most employment attorneys offer initial consultations to help you understand whether legal representation makes sense for your situation.
Contact an Experienced Winston-Salem, NC Wrongful Termination Attorney
A workplace dispute can hurt you everywhere, and it is difficult to fight on your own. You are better off hiring a Winston-Salem wrongful termination lawyer, especially if you hire us. At EMP Law, we are skilled, experienced, and determined to fight for employees’ rights. Our law firm has been successful many times over, recovering significant compensation for harmed employees. Please talk to us if you need a champion in your corner.
You can call us at (336) 724-2828 or reach us online for a consultation.
We Can Help You.
Please complete our Employment Law Questionnaire.