Workers are classified as "employees", "self-employed" or "independent contractors".  Employees can be further designated as full-time or part-time; exempt or non-exempt; salaried or hourly, etc.

Employment contracts can either be for a fixed term or indefinite and therefore at-will.

Basic contract principles govern. There must be an offer and acceptance with an exchange of consideration. Employment contracts must be specific and certain with regard to the nature of the services the employee will perform, the place the services will be rendered, and compensation. 

Part-time employees have the same basic rights with respect to employment laws, but if they work fewer than 30 hours per week for an employer that has more than 50 full-time equivalent employees, then they are not required to be covered under the employee's health plan.

The assignment of employment contracts is permitted if so provided in the contract.

There is no right to object or to severance unless the employer has a severance policy in place, there is an individual employment contract that provides for severance or a collective bargaining agreement.

No such statute exists.

As a practical matter, with respect to at-will employees, terms of employment can be changed prospectively. Retroactive changes detrimental to the employee could be the basis for a claim for breach of contract or the North Carolina Wage and Hour Act. If the employee is under contract any changes are governed by the contract and if the contract is violated the employee may bring a breach of contract case.

Yes. Employees without a contract for a fixed term are employees-at-will. At-will employees can be terminated from employment at any time, for any reason, as long as that reason does not violate a statute or public policy.

At-will employees may be terminated without cause. Employees terminated in violation of a statute or public policy may have statutory and common law remedies. Employees with a contract for a fixed term may have certain contractual remedies if terminated without cause.

North Carolina whistleblowers who are employed by a North Carolina state government agency are protected from harassment, discrimination or retaliation when timely reporting violations of state or federal law, regulations and other wrongdoings like misappropriation.    

North Carolina has separate protection against retaliation for employees who report violations of state statutes, rules or regulations including occupational safety and health under the North Carolina Retaliatory Employment Discrimination Act. 

North Carolina does not provide employees with a specific cause of action with respect to privacy in the workplace. Employers will typically advise employees that there is no expectation of privacy with respect to workplace facilities and computer systems. If telephone or other monitoring is utilized employers will typically notify employees of the possibility of such monitoring. North Carolina does have a statute prohibiting discrimination based on the lawful use of lawful products outside the workplace.  

North Carolina does not have state statutes prohibiting discrimination based on race, sex, age, national origin, color or religion. Federal statutes apply. North Carolina does have the North Carolina Persons with Disabilities Protection Act prohibiting employment discrimination based on disability. There are also anti-discrimination statutes prohibiting discrimination against persons possessing the sickle cell trait, persons with HIV/AIDS, for engaging in the lawful use of lawful products, for assisting with an inspection or participating in a proceeding regarding hazardous chemicals, genetic testing, national guard service, jury duty and obtaining a no-contact order.

North Carolina does not have any statutory requirements that employers provide vacation, medical or parental leave  If the employer provides vacation the North Carolina Wage and Hour Act governs the policy. Under federal law, parental and medical leaves are governed by the Family and Medical Leave Act. North Carolina does require employers to provide employees who are parents, guardians, or standing in loco parentis of a school-aged child, up to four (4) hours per year to attend or be involved at the child’s school. 

Yes. Restrictive covenants are valid if in writing, supported by consideration and reasonable as to time, territory and scope of prohibited activity. Assessment of reasonableness is considered on a case-by-case basis taking into consideration time and territory together.

Yes, an employee could be terminated for refusing to sign a restrictive covenant. New employment is a valid consideration for a restrictive covenant. If employment has already begun then additional consideration (e.g. signing bonus, promotion, pay increase) must be given.

No such requirement exists.

North Carolina requires employers with three or more employees to carry workers' compensation insurance. North Carolina requires employers to pay unemployment insurance taxes. Federal health care law requires employers with more than 50 full-time equivalent employees to either provide health care insurance for employees who work more than 30 hours per week or if not pay a penalty.  

North Carolina does not have any state requirements but the restrictions on mandatory retirement policies under the federal Age Discrimination in Employment Act apply.

These issues are governed by the federal Employee Retirement Income Security Act.

No state law or rule prohibits an employer from requiring employees to be vaccinated against COVID-19 as a condition of employment unless contraindicated for medical or bona fide religious reasons. The North Carolina Department of Labor has released guidance concerning mandatory vaccination noting compliance with any EEOC and CDC guidelines. There is no state law or rule prohibiting an employer from terminating employees who fail to comply with mandatory vaccination requirements. Employers are encouraged to follow all federal guidelines including EEOC guidance. 

No state law or rule prohibits an employer from requiring employees to return to the workplace, although employers are encouraged to use remote work to the greatest extent possible. As an at-will state, North Carolina employers can terminate employees at any time with or without cause, absent evidence the employer is in violation of the employee’s rights under existing state or federal law.