What You Need to Know About Breaches of Employment Contracts in North Carolina
If you notice your employer has breached your employment contract, you may want to file a claim to protect your rights as an employee. Here’s everything you need to know about breaches of employment contracts in North Carolina.
In North Carolina, if your employer violates your employment contract, you may file for a breach of contract. Employees may file for a breach of contract through the North Carolina Department of Labor or the Equal Employment Opportunity Commission.
Employment Contracts In North Carolina
Employment contracts in North Carolina must include the following:
Salary
An employment contract must include the monetary compensation agreed upon before starting employment.
Job Duties
An employment contract should outline the employee’s work duties and the purpose of employment.
Attached Benefits
An employment contract should include vacation days, health insurance, commission specifications, and other benefits.
Conditions for Potential Termination
Employers in North Carolina have the right to terminate employment at will, and this section will list all the specific terms which may cause an employer to terminate the employment.
Non-solicit Clause
A non-solicit clause prevents employees from taking company customers and employees if they leave to open their own business.
Non-compete Clause
A non-compete clause prevents employees from working in a position that competes with the employer.
Related: 10 Subtle Forms of Sexual Harassment in the Workplace
A contract may be oral or written, but it is in the employee’s best interest to have a written contract signed by all consenting parties.
Breach of Employment Contract in North Carolina
North Carolina follows the Fair Labor Standards Act (FLSA). The FLSA outlines general rules for employees’ minimum wage, overtime, and other work-related rights. If you believe you have not received proper payment, you may be able to file a claim for unpaid wages and penalties to punish your employer for breach of contract.
Breach of Wages in North Carolina
In North Carolina, unpaid wages count as a breach of contract.
Minimum Wage
The minimum wage in North Carolina is the same as the federal minimum wage of $7.25. Your employers must pay you no lower than $7.25.
If your employer is paying you lower, you can file a claim for unpaid wages by calculating the difference between your pay rate and the minimum wage and multiplying it by the hours you have worked.
However, in a job where you receive tips, your employer may lower the hourly wage to $2.13, given that your total tips and hourly wage reach the amount you would have earned at the federal minimum wage.
Overtime Wages
Working for more than 40 hours in a week is considered overtime. However, not all employees are entitled to overtime pay; high-level managerial positions are usually exempt from overtime pay.
In a job where you did not receive your overtime pay, your unpaid wages would be the difference between what you should have received and what you did receive, depending on the hours you worked. North Carolina entitles workers to 1.5 times their original pay rate during overtime hours.
Wrongful Termination
If your employer terminates you for any of the following reasons, you may be able to sue for wrongful termination and breach of contract.
- Disability
- Sexual and gender identity
- Race
- Language
- Culture/ethnicity
- Religion
Filing a Breach of Contract Suit in North Carolina
If you feel your employer breached your employment contract, you may file a claim for damages. Collect any evidence available to showcase the breach of contract and the harm resulting from the breach. This evidence can include monetary loss, loss of position, or other negative outcomes, including medical and psychological.
You may be able to file for damages from a breach of contract through the North Carolina EEOC.
To file a complaint with the North Carolina EEOC, you should collect:
- Evidence showcasing the agreed-upon contract with the employer and employees acknowledgment
- Evidence of resulting harm (can be in the form of testimonies, witnesses, or CCTV video recordings if you legally have access to them)
Related: 7 Examples of Workplace Retaliation
You may also file a complaint with the North Carolina Department of Labor if you believe your Retaliation for Breach of Contract
In North Carolina, it is illegal for an employer to retaliate against you for filing a wrongful termination suit.
Retaliation may include termination of employment, demotion, mistreatment, or further interference in your career through falsification of job history or employment records.
employer has violated a federally protected category.
Since North Carolina is considered an employment-at-will state, an employee cannot file a wrongful termination claim for compensation without the breach of the above conditions and the necessary evidence.
Contact Us
If you or a loved one would like to learn more about Breach of Employment Contract North Carolina, get your free consultation with one of our Employment Attorneys in North Carolina today!