Q: Is it legal to terminate someone without providing a reason? Employee was never counseled positive or negative?
A:
North Carolina is an "at-will" state. This means that, generally, either an employer or an employee can terminate an employment relationship at any time and for any reason (so long as the reason does not violate the agreement between the parties and is not otherwise unlawful). It also means that an employer is not necessarily required to give an employee a reason for termination.
Of course, there is always a reason. But the reason may or may not be related to an employee's performance. Additionally, giving a reason that is related to an employee's performance can negatively affect the employee's eligibility for unemployment benefits and future employment opportunities.
With that being said, anyone who believes an employer or former employer has violated their rights should consider a legal consultation. A knowledgeable attorney should be able to evaluate the employee's' rights and provide guidance on next steps.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
