Employment Law

 There are also a series of state laws that protect employees

• The North Carolina Equal Employment Practices Act (NCEEPA) This statute creates a public policy against discrimination based on race, sex, religion, national origin or “handicap”  in the termination of employment.  Any such termination is actionable as a wrongful discharge in violation of public policy, which is a limit on the doctrine of employment at will.  
• North Carolina Retaliatory Employment Discrimination Act (NC REDA). This statute makes it unlawful to terminate an employee for making a complaint regarding or participating in certain protected activities, including filing a worker’s compensation claim, raising health and safety concerns, or wage and  hour complaints, among other protected activities.
• North Carolina Wage and Hour Act. This statute offers protections beyond the FLSA, including the right to collect wages that have been earned but not paid and that wages be paid at the rate promised.  The term wages is broadly defined to include commissions, bonuses, and non-hourly salary.  
• N.C. Whistleblower Act: This state protects state, community college and public school employees from retaliation who report concerns of fraud, gross mismanagement and abuse of authority.   It does not apply to private employees, who are protected instead by the common law doctrine of wrongful discharge.
• Common Law Wrongful Discharge. North Carolina case law recognizes an exception to the doctrine of employment at will, which generally allows an employer to discharge an employee for any reason or no reason at all.   But if a dismissal violates a public policy of the state, then a dismissed employee can sue for wrongful discharge.   Some examples of such public policy violations include firing a truck driver for refusing to drive “off the books” and not log all of their road hours; firing a textile worker for refusing to work for less than minimum wage; firing a nurse for refusing to commit perjury in a medical malpractice case; and firing someone in violation of NCEEPA;
• N.C. Persons with Disabilities Protection Act: Similar to the ADA, the statute prohibits disability discrimination in employment but only provide injunctive relief – a court order to accommodate a disabled employee or reinstate a terminated disabled employee -- but does not include compensatory damages. 
• Unemployment Benefits: North Carolina law offers very limited unemployment benefits and companies often challenge a former employee’s right to those benefits, requiring a hearing.