Are employers liable for wrongful termination?
In North Carolina, employers can be liable for wrongful termination if they do not follow the rules set by the North Carolina Equal Employment Practices Act (NCEEPA). This act states that an employee can be wrongfully terminated if the termination is based on race, color, religion, sex, national origin, age, or disability. If the employer is found to have acted in violation of the NCEEPA, then they could face penalties for wrongful termination. The employee can also bring a "private right of action" to court if they feel they have been wrongfully terminated. This is a civil action that allows a person to seek compensation for damages from the employer. In order for the private right of action to be successful, the employee must prove that the employer committed an act that is forbidden by law. If the employee is successful in bringing a private right of action against the employer, then they may be entitled to compensation for lost wages, pain and suffering, and punitive damages. However, the employee must prove that the employer acted with willful disregard for the law in order to receive these compensations. Overall, employers in North Carolina can be held liable for wrongful termination if they violate the NCEEPA or act in willful disregard for the law. This can result in civil action from the employee and monetary compensation for damages if the employee is successful in their case.
Related FAQs
What is the difference between a union and a non-union workplace?What are the laws governing labor strikes?
What is the Employee Polygraph Protection Act?
What is the Fair Labor Standards Act (FLSA)?
What are the laws surrounding workplace safety?
What is the Service Contract Act?
Are employers allowed to ask for medical information?
What is the law concerning rest breaks?
What are the whistleblower laws?
What are the laws concerning the right to unionize?
Related Blog Posts
Protecting Your Business with Proactive Labor Laws: A Step-by-Step Guide - July 31, 202310 Must-Know Labor Law Tips for Employers - August 7, 2023
How to Avoid Violations of Labor Law When Hiring and Firing - August 14, 2023
An Overview of the Minimum Wage Requirements in Your State - August 21, 2023
Navigating the Complexities of Wage and Hour Laws - August 28, 2023