Federal, state and local laws govern the relationships between public employers and their employees. Although an exhaustive review of North Carolina public employment law and human resources regulations and practices are outside the scope of this publication, this chapter is designed to provide a very brief summary regarding whether the public employer-employee relationship is covered by certain laws. Public employers are encouraged to review each specific chapter in its entirety for a comprehensive discussion of the federal and state laws referenced below, and to consult with their attorneys for more specific information regarding coverage and requirements under applicable employment laws.
Unlike many employees of private employers in North Carolina, many public employees are not employed at-will. Some public employees have a constitutional property right to their employment that, under the Fourteenth Amendment, may be taken away without due process. A property interest arises when a public employee can demonstrate a reasonable expectation of continued employment because the employer has established a binding policy that dismissal will occur only for stated reasons, or because a statute (such as the State Human Resources Act) or local ordinance provides protections to the...
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