['Termination']
['At-Will Employment']
06/11/2024
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Summary of differences between federal and state regulations
The general at-will employment doctrine is what employers generally refer to unless there are state laws that provide more detail. This is a situation in which there is a lack of laws or contracts that narrow the reasons for which employees may be terminated. Where such laws or contracts exist, they must be adhered to.
North Carolina law does not require a discharge notice or a reason for discharge. It is also up to each employer to decide if its employees may see their own personnel file or not.
State courts have recognized the concept of public policy exception to the at-will employment concept; that is, it is illegal for an employer to terminate an employee for refusing to break the law on behalf of the employer.
State
Contact
North Carolina Department of Labor
Regulations
Specific state laws include those that protect an employee from being discharged due to the employee's age, race, sex, religion, national origin, color, disability [including the Americans with Disability Act (ADA)], or pregnancy.
Another protected category is under the Retaliatory Employment Discrimination Act (REDA), which is administered by the Department of Labor's Employment Discrimination Bureau (EDB). REDA protects against retaliation by an employer when an employee engages in activities protected under the Occupational Safety and Health Act, the Mine Safety and Health Act, the North Carolina Wage and Hour Act, and Workers Compensation Act, as well as for carrying the sickle cell trait, use of genetic testing information, participating in the North Carolina National Guard, and participating in the juvenile court system concerning the employee's child.
Federal
Contacts
None.
Regulations
None.
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