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     Everyone’s work is important to them. It is also important to be secure in your employment and free from harassment of all kinds and that your rights are protected there. Unfortunately, sometimes employees enjoy none of those securities or freedoms.

     North Carolina is an employment-at-will state. Generally, either the employee or the employer can terminate the employment relationship without cause, which means either party can end the relationship for no reason at all, or even for an arbitrary or irrational reason. There are a few limited exceptions to the employment-at-will doctrine in North Carolina. Also, if the parties contract for a definite period of employment, then the at-will doctrine does not apply.

     There are also some federal and state statutes which have created exceptions prohibiting employers from discharging employees based on impermissible considerations such as the employee’s age, race, sex, religion, national origin, or disability, or in retaliation for filing certain claims against the employer. And, the courts in North Carolina have recognized a public-policy exception to the employment-at-will rule, which means in certain limited cases, a terminated employee may be able to sue his or her former employer for wrongful termination, if he or she can prove that his or her termination is in violation of the public policy of the state of North Carolina.

     Additionally, while an employer generally has the right to terminate an employee for any reason or no reason under the employment-at-will doctrine, there are state and federal statutes that prohibit retaliation against employees. North Carolina employers are covered by the Retaliatory Employment Discrimination Act (“REDA”), which prohibits discrimination or retaliation against an employee because the employee in good faith does or threatens to file a claim or complaint, initiate any inquiry, investigation, inspection, proceeding or other action, or testify or provide information to any person with respect to any of the following:

•Worker’s compensation claims
•Wage & Hour Act claims or OSHA claims
•Mine Safety & Health Act claims
•Discrimination against person possessing sickle cell trait or hemoglobin C trait
•National Guard Service
•Discrimination against persons based on genetics testing or genetic information.

      REDA also prohibits discrimination or retaliation against any employee who is complying with the law regarding the Authority over Parents of Juveniles Adjudicated Delinquent or Undisciplined, such as court appearances and parental responsibility classes. An employer may still fire an employee who has made such claims, but they must be able to prove by the greater weight of the evidence, that they would have taken the same unfavorable action in the absence of the protected activity of the employee.

      In addition to the actions prohibited under REDA, North Carolina state law prohibits discrimination, including discharge of an employee because of the following reasons:

•Serving on a jury;
•Testifying at an Employment Security Commission proceeding;
•Is not a union member or has refused to participate in labor union activity;
•Is handicapped;
•Is infected with HIV or the AIDS virus;
•Is of a particular race, religion, color, national origin, age, sex or disability;
•Has used lawful products off work premises during non-working hours; and
•Has participated in military service.

     Federal law also prohibits the termination of an employee in retaliation for engaging in protected activity under Title VII of the Civil Rights Act of 1964, as amended. In addition to the prohibitions in Title VII, federal law prohibits discharging an employee for the following reasons (this list is not exhaustive):

•On the basis of the employees age (for employees 40 years old or older);
•Against qualified individuals with disabilities;

     If you feel you have been discriminated against or harassed and/or retaliated against, it is important to talk to an attorney, as you may have a limited amount of time to make your claim or lose your right to do so.

     Also, if you are an employer, and are contemplating terminating an employee, you should consult with an attorney prior to terminating the employee, to ensure that you have complied with all aspects of the law regarding employment matters.

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