What is the difference between being laid off and wrongfully terminated?
The difference between being laid off and wrongfully terminated in North Carolina is one of legality. Being laid off is when an employee is let go, typically due to lack of need for their position or for financial reasons (such as downsizing). In a layoff situation, the employee is not at fault and the employer acts legally. On the other hand, wrongfully termination occurs when an employer terminates an employee for an illegal reason, such as discrimination. This is a type of illegal firing, since the employer is violating the employee’s rights by terminating their employment. In addition to a discrimination claim, an employee may bring a wrongful termination claim if the employer breaches a contract or retaliates against the employee. In North Carolina, employees who believe they have been wrongfully terminated may file a claim with the Employment Security Commission or with the Equal Employment Opportunity Commission. The laws in North Carolina are in place to protect employees from unlawful termination and to allow them to seek justice if they are wrongfully terminated.
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