Are employers liable for wrongful termination?

Yes, employers in North Carolina are liable for wrongful termination. Wrongful termination occurs when an employee is fired without good cause and bridges the language of their employment contract, state law, or federal law. North Carolina is an “at-will” state. This means that an employer can generally terminate an employee for any legal reason, or for no reason at all. However, an employer may become liable for wrongful termination if, for example, an employee is fired based on their race, gender, religion, Disability, age, etc. An employee may also have a wrongful termination claim if they were fired for refusing to commit an illegal act, as a form of retaliation, or as a breach of an implied contract. Even an “at-will” employment situation may become the basis of a wrongful termination if an employer fails to follow the procedures and agreements set out in the employee handbook. North Carolina courts have held that an employer must generally provide reasonable notice, or pay wages due, when an employee is terminated. Wrongful termination can be hard to prove as employers are within their rights to terminate an at-will employee for any legal reason or for no reason. An employee who believes they were wrongfully terminated must provide evidence that establishes that their termination was in violation of the terms of their employment agreement, state law, or federal law. If successful, an employee may be eligible for damages such as back pay, emotional distress, and attorneys’ fees.

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Are employers liable for wrongful termination?

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