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Can I fire employees for reasons other than poor performance in North Carolina? What are the requirements?
Yes, you can fire employees for reasons other than poor performance in North Carolina. However, the requirements for dismissal or demotion vary depending on the type of employee.
Career State Employees
Career State employees subject to the North Carolina Human Resources Act can only be discharged, suspended, or demoted for disciplinary reasons for just cause [1.1]. Before any disciplinary action is taken, the employee must be furnished with a statement in writing setting forth the specific acts or omissions that are the reasons for the disciplinary action and the employee’s appeal rights. The employee must be permitted 15 days from the date the statement is delivered to appeal to the head of the agency through the agency grievance procedure for a final agency decision. If the employee is not satisfied with the final agency decision or is unable, within a reasonable period of time, to obtain a final agency decision, the employee may appeal to the Office of Administrative Hearings [1.1].
Licensed Employees
For licensed employees in low-performing schools and licensed employees including certain superintendents, the procedures provided in G.S. 115C-325.6 shall be followed for dismissals, demotions, or reductions to part-time employment for disciplinary reasons for any reason specified in subsection (a) of this section [4.1][5.1].
Other Requirements
In addition to the above requirements, there are other requirements that must be met depending on the type of employee. For example, if the closing of a State institution or a reduction in force will accomplish economies in the State Budget, the Director of the Budget shall pay either a discontinued service retirement allowance or severance wages to any affected State employee, provided reemployment is not available [3.1].
In summary, you can fire employees for reasons other than poor performance in North Carolina, but the requirements for dismissal or demotion vary depending on the type of employee. For career State employees subject to the North Carolina Human Resources Act, they can only be discharged, suspended, or demoted for disciplinary reasons for just cause. For licensed employees in low-performing schools and licensed employees including certain superintendents, the procedures provided in G.S. 115C-325.6 shall be followed for dismissals, demotions, or reductions to part-time employment for disciplinary reasons for any reason specified in subsection (a) of this section. Other requirements may also apply depending on the type of employee [1.1][3.1][4.1][5.1].
Source(s):
- [1.1] Just cause; disciplinary actions for State employees.
- [3.1] Discontinued service retirement allowance and severance wages for certain State employees.
- [4.1] Dismissal or demotion for cause.
- [5.1] Evaluation of licensed employees including certain superintendents; mandatory improvement plans; State board notification upon dismissal of employees.
Jurisdiction
North Carolina