What is wrongful discharge?

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Wrongful discharge, also known as wrongful termination, is a type of employment discrimination that occurs when an employee is fired or dismissed from their job for illegal reasons. In North Carolina, employers have the right to terminate an employee for any reason or no reason at all, as long as it does not violate any state or federal laws. However, if an employee is terminated for a reason that violates the law, it may be considered wrongful discharge.

Some examples of wrongful discharge in North Carolina include:

  1. Discrimination: It is illegal to terminate an employee on the basis of their race, color, religion, sex, national origin, age, disability, or genetic information.
  2. Retaliation: Employers cannot terminate an employee in retaliation for reporting discrimination or harassment, participating in an investigation, or engaging in other protected activities under state or federal law.
  3. Breach of contract: If an employee has an employment contract that guarantees job security or specifies a certain duration of employment, terminating the employee before the contract ends may be considered wrongful discharge.
  4. Public policy: Employers cannot terminate an employee for reasons that violate public policy, such as firing an employee for reporting unsafe working conditions or refusing to participate in illegal activities.

If an employee believes they have been wrongfully discharged, they may have the right to file a legal claim against their employer. It’s important for both employers and employees to understand the legal requirements and protections related to termination of employment in North Carolina.

Will Blackton is a business lawyer based in Raleigh, North Carolina. You can reach Will at wblackton@bobllaw.com or (919) 636-5979.

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