Know the Laws: North Carolina
UPDATED October 19, 2012
Being a victim of domestic violence can affect many parts of your life, including your job. Under NC employment discrimination law, your employer may not fire you, demote, deny you a promotion or discipline you because you took reasonable time off from work to get a domestic violence protective order. You may file a complaint against an employer if you feel that s/he has fired you or because you are victim of domestic violence who took time off work to obtain a protective order. Also, if you have to quit your job because of domestic violence, you may still be entitled to unemployment benefits. The laws that protect you are explained below.
Basic info
back to topCan an employer fire me based on the fact that I am a victim of domestic violence who took time off to file for a protective order?
No. In NC, an employer cannot may not fire you solely because you are a victim of domestic violence who took time off work to file for a domestic violence protective order.*
Note: This law only applies to employers with fifteen or more employees.**
* NCGS § 50B-5.5(a); NCGS § 95-241(a)(5)
** NCGS § 143- 422.2
back to topIf I have to miss work due to a domestic violence protective order proceeding, can I be fired?
No. If you are the victim of domestic violence and you have to miss work to obtain a protective order, an employer cannot fire you as long as you comply with your employer’s time-off policy or procedure. If you have a domestic violence emergency that does not allow you to comply with your employer’s time-off policy, then you may have to provide documentation of why you were absent from the workplace.* For example, if you are taking off to apply for a 50B domestic violence protection order, you can provide a copy of the ex parte order.
* NCGS § 50B-5.5