GREENSBORO, N.C. — 4All Statewide Service Day is Friday. It's your chance to get FREE legal information from an attorney.
That information can be about anything from crime law to estate planning. Anything you want legal information on, an attorney can get you.
Benjamin Winikoff from EMP Law in Winston-Salem joined 2 Wants to Know Wednesday to talk about employment ahead of 4All Statewide Service Day.
Employment--at-will
North Carolina is an employment-at-will state. That means you have the right to be employed. It also means you have the right to be unemployed.
Winikoff said in North Carolina, unless you have an employment contract, you are an employee-at-will. He said that means you or your boss can end your employment for any reason. The only exception would be if your termination violates federal or state law or public policy.
Federal Law
Winikoff said a termination would violate federal law if it was based on a characteristic protected by law. That includes race, sex, color, national origin, religion, age, disability and genetic discrimination.
If you got fired because of one of those protected characteristics, Well said you must file a charge of discrimination with the Equal Employment Opportunity Commission within 180 days.
State Law
North Carolina prohibits terminations for someone participating in protected activities.
Wells said that means you can't be fired for doing something like filing a wage complaint or making a workers' compensation claim.
Like federal claims, claims of discrimination must be filed within 180 days with the North Carolina Department of Labor.
Public Policy
Wells gave two examples for public policy violations.
He said you can't be fired for refusing to violate a North Carolina statue. On the flip side, you can't be fired for following the law.
Wells said there are many employment law protections in North Carolina. He suggested reaching out to an employment law attorney to see if your termination violated federal or state law or public policy.