Federal & State Lawfederalstatelaw.com
Back to Questions
employmentNC

What is wrongful termination in North Carolina?

Federal & State Law Editorial TeamLast reviewed: 2026-05-02

North Carolina recognizes at-will employment with a judicially-created public policy exception and a unique statutory anti-retaliation framework.

1. Public Policy Exception — Coman

Coman v. Thomas Manufacturing Co., 325 N.C. 172 (1989), recognized the wrongful discharge tort for terminations violating North Carolina public policy. The policy must derive from the North Carolina Constitution or General Statutes (federal sources insufficient — Considine v. Compass Group, 145 N.C. App. 314 (2001)).

2. Recognized Public Policy Claims

  • Refusing to falsify driver's logs (Coman).
  • Refusing to perjure oneself.
  • Filing a workers' comp claim (now codified in REDA).
  • Reporting wage violations.

    • 3. NC Equal Employment Practices Act — N.C.G.S. § 143-422.2

    Declares the public policy of North Carolina to protect against employment discrimination on the basis of race, religion, color, national origin, age (40+), sex, or handicap. Applies to employers with 15+ employees. Importantly, the Act does not create a private right of action — it only provides the public policy hook for a Coman claim.

    4. Retaliatory Employment Discrimination Act (REDA) — N.C.G.S. § 95-241

    Prohibits retaliation against employees who:

  • File workers' comp claims;
  • Report OSHA violations;
  • Report wage and hour violations;
  • Use leave under the Sickle Cell Trait or Hemoglobin C Trait;
  • Use parental leave for school activities.

    • Plaintiff must file with the NC Department of Labor within 180 days. Right-to-sue letter required. Damages include treble damages (3x lost wages) and attorney's fees. 3-year SOL for civil action.

    5. Persons with Disabilities Protection Act — N.C.G.S. § 168A-5

    Prohibits disability discrimination by employers with 15+ employees.

    6. No General Whistleblower Statute for Private Sector

    Public employees protected under N.C.G.S. § 126-84 (State Employees Whistleblower Act).

    7. WARN Act

    Federal WARN applies.

    8. Statute of Limitations

  • Public policy tort: 3 years (N.C.G.S. § 1-52).
  • REDA: 180 days to file with NCDOL; 90 days to sue after right-to-sue letter.
  • EEOC: 180 days (NC is non-deferral after 2017).

    • This is legal information, not legal advice.

    When to Talk to a Lawyer
    • You were fired after filing a workers' comp claim and need to use REDA's treble-damages remedy
    • You believe you have a Coman public policy claim but need to anchor it to a NC statute
    • You face the 180-day NCDOL deadline for REDA
    Related Statutes & Laws
    • N.C.G.S. § 143-422.2
    • N.C.G.S. § 95-241
    • N.C.G.S. § 168A-5
    • N.C.G.S. § 126-84

    This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.