Legal Information: North Carolina

North Carolina Workplace Protections

February 14, 2022

Can 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?

In North Carolina, 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.1

Note: This law only applies to employers with fifteen or more employees.2

1 NCGS § 50B-5.5(a); NCGS § 95-241(a)(5)
2 NCGS § 143- 422.2

If I have to miss work due to a domestic violence protective order proceeding, can I be fired?

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.1 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.

1 NCGS § 50B-5.5

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