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[]
[null,"Prepared By:","Contributors:"]
[null,"Womble Bond Dickinson","Richard Rainey"]
[]
[]
[]
["Global Employment Law Guide"]
[]
["Report Generated: 5/21/2025"]
[]
["View your report results on next tab"]

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["Question","USA, North Carolina"]
["Lex Mundi Global Employment Law Guide"]
["What are the different categories of employment status (for example, employee, worker, self-employed individuals, etc)?","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.\n"]
["Are there different types of employment contracts (for example, fixed-term, indefinite)?","Employment contracts can either be for a fixed term or indefinite and therefore at-will.\n"]
["What requirements need to be met in order for an employment contract to be valid?","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. \n"]
["Are part-time employees afforded the same rights as full-time employees?","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.\n"]
["Can employment contracts be assigned?","The assignment of employment contracts is permitted if so provided in the contract.\n"]
["What rights do employees have (to object, to severance), if any, when the company they work for is transferred as a going concern?","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.\n"]
["Do you have statutory rights for employees on change of control of an employer? If so, please give the statute.","No such statute exists.\n"]
["In what circumstances can employers unilaterally change the terms of employment, and what remedies (if any) are afforded to an employee?","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 \nNorth 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.\n"]
["Is your jurisdiction an employment-at-will jurisdiction? What are the employer’s termination rights?","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.\n"]
["Are there remedies for dismissal without cause or wrongful termination?","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.\n"]
["Are there protections for whistleblowers?","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.    \nNorth Carolina has separate protection against retaliation for employees who report violations of state statutes, rules or regulations including occupational safety and health under the \nNorth Carolina Retaliatory Employment Discrimination Act. \n"]
["Do employees have a right to privacy? If so, what are the remedies for a breach?","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.  \n"]
["Are employees afforded any anti-discrimination protection?","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 \nNorth 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.\n"]
["Are there statutory rights to vacation, medical leave and parental leave? Have there been any changes to leave benefits in the past 12 months? Is there any proposed legislation that employers should be aware of that will impact leave benefits?","North Carolina does not have any statutory requirements that employers provide vacation, medical or parental leave  If the employer provides vacation the \nNorth Carolina Wage and Hour Act governs the policy. Under federal law, parental and medical leaves are governed by the \nFamily 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. \n"]
["Are restrictive covenants recognized and, if so, what are reasonable restrictions as to geography, duration and scope of activity?","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.\n"]
["Can employees be terminated for refusing to sign a restrictive covenant? What serves as consideration for a restrictive covenant?","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.\n"]
["Does your jurisdiction require contributions to a pension or retirement scheme?","No such requirement exists.\n"]
["Are certain benefits mandated by your jurisdiction?","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.  \n"]
["Is it permitted to have a mandatory retirement age in your jurisdiction?","North Carolina does not have any state requirements but the restrictions on mandatory retirement policies under the federal \nAge Discrimination in Employment Act apply.\n"]
["Is it possible to cease pension or insured benefits (income continuance/disability insurance, healthcare, life assurance, etc.) when work continues beyond retirement age?","These issues are governed by the federal \nEmployee Retirement Income Security Act."]
["Can an employer make the COVID-19 vaccine mandatory for its employees? Are there exceptions that an employer must make? If an employee simply does not want to get the vaccine (without another reason like disability or religious reason), can an employer terminate the employee’s employment?","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 \nEEOC and \nCDC 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\n EEOC guidance. \n"]
["Can an employer require that employees return to work in the office (absent government order to shut down)? If an employee refuses to return to the office, can the employer terminate the employee’s employment?","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. \n"]