Wrongful Discharge from Employment
Wrongful Discharge from Employment
North Carolina generally observes the doctrine of employment-at-will. The essence of the doctrine is that an employment contract that does not contain a specified term or fixed duration is terminable at the will of either party.
However, statutory and judicially created exceptions to that common law rule have created, in limited circumstances, rights of action for wrongful discharge.
An employee-at-will can have a cause of action for wrongful discharge in North Carolina only if the dismissal violates important public policy.
In Vereen v. Holden North Carolina court ruled that " while there may be a right to terminate a contract at will for no reason, or for an arbitrary and irrational reason, there can be no right to terminate such a contract for an unlawful reason or purpose which contravenes public policy."
Public policy is violated when an employee is fired in contravention of express policy declarations contained in the North Carolina General Statutes.
Additionally in North Carolina it is against public policy to discriminate on the basis of ''race, religion, color, national origin, age, sex, or handicap'' in making employment decisions.
Index of Relevant Terms:
- Absolute Divorce
- Adoption
- Contributory Negligence
- Imputed Negligence
- Defamation
- Defenses to a Negligence Lawsuit
- Driving and Texting in North Carolina
- Emotional Distress
- Pedestrians
- Punitive Damages
- Res Ipsa Loquitur
- Short Sale
- Traumatic Brain Injury
- Truck Accidents
- Wrongful Death
- Wrongful Discharge from Employment