5/6/11

North Carolina Labor Rights and Laws Regarding a Reason for Firing

    • North Carolina affords workers various rights regarding reasons for firing. In fact, there is a statewide department designed specifically to deal with claims regarding illegal firings, the Employment Discrimination Bureau. Such claims can be difficult to prove in a court of law. Knowing the basics of your rights, however, will help you to protect yourself on the job -- and know when you have a case.

    At-Will Employment

    • North Carolina is an "at-will" employment state. This means that your employer can fire you for any reason or no reason at all. Despite this general provision, there are reasons your employer may not fire you for.

    General Discrimination

    • General discrimination refers to firing you on the basis of one of a number of protected categories. Specifically, it is a violation of North Carolina law to fire employees on the basis of religion, race, national origin, age, gender, color or pregnancy status.

    Disability

    • North Carolina law makes special provisions for disability discrimination. You may not be fired for having a disability, particularly since your firing would be a violation of the Americans With Disabilities Act. This act requires that employers make reasonable accommodations for workers with disabilities. Your employer may not fire you for a failure to perform job duties if he has not provided you with a reasonable accommodation.

    Domestic Violence

    • The Retaliatory Employment Discrimination Act of 1992 prohibits your employer from firing you for missing a reasonable amount of time due to domestic violence. You are also allowed a reasonable amount of time off of work to pursue relief from domestic violence.

    Retaliatory Firing

    • You may not be fired by your employer in retaliation for engaging various protected activities on the job. Protected activities include joining a union or expressing pro-union sentiments, including in the form of clothing. You may also not be fired in retaliation for informing state agencies of your employer's violations of the law or cooperating with state investigations into illegal or unsafe employer practices.

    Relief

    • All complaints regarding illegal firing should be filed with the Employment Discrimination Bureau. The bureau acts as an arbiter that attempts to help both parties come to a settlement. Where this is impossible, the bureau will issue a right-to-sue letter to the complainant. The complainant may then pursue action in civil court.

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