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Retaliation Can Take Many Forms

What Is Retaliation?

In the context of North Carolina law, retaliation refers to any punitive or adverse action taken by an employer or individual against an employee who has exercised their legal rights. These rights may include filing a claim or complaint, initiating an investigation, testifying, or providing information related to a range of regulatory acts, such as the Wage and Hour Act, Occupational Safety and Health Act, Workers’ Compensation Act, and others. Retaliation can take many forms, including termination, demotion, reduction in pay, unfair disciplinary action, or creating a hostile work environment. It’s crucial to note that retaliation is strictly prohibited under North Carolina law, and individuals who experience such actions have legal recourse to seek justice.

A retaliation lawyer, then, is a legal expert who specializes in workplace retaliation. They provide expertise in employment laws, and offer guidance, representation, and assistance to individuals who have experienced adverse actions for engaging in protected activities, like reporting misconduct or discrimination.

Judge signing retaliation complaint

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Employee distraught from company retaliation

What Does North Carolina Law Say?

North Carolina Workers Are Protected

North Carolina law prohibits any employer or person from retaliating, or taking any unfavorable action, against an employee who in good faith threats or files a complaint or claim, initiates an inquiry, investigation, inspection, proceeding or other action, or testify or provide any information to any person with respect to the following:

The Wage and Hour Act sets out the rules for wages and hours, including overtime pay, minimum wage, recordkeeping requirements, and tips. It establishes a right to fair compensation for employees of covered employers. Employees have the right to file an administrative complaint or civil action if they believe their employer is not in compliance with this act.

The Occupational Safety and Health Act of North Carolina is designed to protect workers from unsafe or unhealthy working conditions. It establishes regulations governing safety, health, hygiene, and personal protective equipment in the workplace. Employees have the right to request an inspection by the Occupational Safety and Health Administration (OSHA) if they believe their employer has violated any of these regulations. They are also protected from any retaliation related to the complaint or inspection request.

The Workers’ Compensation Act is a state law that requires employers to provide compensation and medical benefits for employees who suffer an illness or injury while performing their job. The act also protects employees from retaliation if they file a claim. Employees have the right to file a complaint with the North Carolina Industrial Commission if they believe their employer has violated this law.

The Mine Safety and Health Act is a federal law that establishes safety standards for miners, including those working in coal or non-coal mines. It also protects from discrimination and retaliation to miners who file safety complaints or exercise their legal rights. If an employee believes they have been retaliated against for reporting unsafe conditions, they can file a complaint with the Federal Mine Safety and Health Administration (MSHA).

The National Guard Reemployment Act protects members of the National Guard who are called to active duty. The law requires employers to provide job security and re-employment rights for these individuals upon their return from service, as well as protection from discrimination and retaliation. If an employee believes they have been retaliated against for serving in the military, they can file a complaint with the Department of Labor.

The Domestic Violence Leave Act is a state law that provides employees with the right to take a “reasonable” unpaid leave from work if they or their family members are victims of domestic violence. Employers must also refrain from discriminating or retaliating against these individuals in any way. If an employee believes they have been retaliated against for taking protected leave, they can file a complaint with the North Carolina Department of Labor.

The Workplace Violence Prevention Act is a state law that requires employers to provide a safe working environment for all employees. It establishes standards for the reporting of incidents and prohibits employers from retaliating against employees who report incidents or participate in investigations of violence in the workplace. If an employee believes they have been retaliated against for reporting a violation, they can file a complaint with the North Carolina Department of Labor. 

The Pesticide Board Act is a state law that establishes requirements for the safe use of pesticides in North Carolina. It requires employers to provide employees with information about hazardous chemicals and protection from exposure. The act also prohibits discrimination or retaliation against employees who file complaints or participate in investigations related to pesticide misuse. If an employee believes they have been retaliated against for reporting a violation, they can file a complaint with the North Carolina Pesticide Board.

From Whistleblowing to Wage Disputes

Why Would An Employer Retaliate?

Employers may retaliate when faced with situations that could potentially expose their unethical or illegal practices or when such situations could lead to significant financial loss. This includes instances such as whistleblowing, where employees report wrongdoing or misconduct; filing workers’ compensation claims to seek compensation for work-related injuries or illnesses; reporting harassment or discrimination in the workplace; requesting accommodation for a disability in accordance with legal protections; or even complaining about the unlawful practice of wage theft, where employees are not paid their rightful wages. It is important for employees to be aware of these potential risks and to understand their rights and protections under the law.

Employment Law Practice Areas To Explore

Retaliation

Wrongful Termination

Sexual Harassment

Breach of Employment Contracts

Severance Agreements

Wage Disputes

When to Seek Out a Retaliation Lawyer

Seeking Justice Against Retaliation with Miller Law Group

If you believe your employer has retaliated against you, you may be eligible to file a lawsuit. State and federal laws have statutes of limitations ranging from days to years. To succeed in a retaliation lawsuit, you must prove that the employer’s actions were materially adverse, they knew about your protected conduct, and that your conduct led to their actions.

Collecting evidence to prove employer retaliation can be challenging. Documentation establishing the necessary elements is crucial. Successful suits may lead to recovery of lost wages/benefits, liquidated damages, pain and suffering, and attorney fees. Consult with a workplace retaliation lawyer who specializes in employment law to understand your rights and options. They can provide guidance on whether you have a strong case and the next steps to take, such as filing a complaint with a state or federal agency or proceeding with a lawsuit.

Remember, retaliation is not just illegal – it’s a violation of your rights as an employee. You have the right to work in a safe, fair environment and to speak up without fear of punitive consequences. If you have experienced any form of retaliation, such as unfair treatment or wrongful termination, in your workplace or former workplace, Miller Law Group is here to fight for you. With a team of dedicated and experienced attorneys, Miller Law Group has a proven track record of successfully representing victims of retaliation across the state. We understand the challenges you may be facing and are committed to seeking justice and protecting your rights. To learn more or discuss your claim with a work retaliation lawyer, please call 919-348-4361 or contact us online.

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About Miller Law Group

Find Out How We Can Help You

At Miller Law Group, PLLC, we are guided by the principle of attaining justice for people who have been wronged in their personal or professional lives in Raleigh, Cary, Durham, and surrounding areas. To learn more about our services or to schedule a free initial consultation, contact us today.

Miller Law Group is based in Raleigh, North Carolina, dedicated to championing the rights and freedoms of individuals. Our firm comprises a team of highly skilled and experienced retaliation law attorneys. We are driven by a commitment to justice and are passionate about representing clients who have been injured on the job. With over 150 years of combined experience, our award-winning attorneys have a proven track record of tackling workplace retaliation cases. 

Our firm is not just about work; we have a deep love for our community and invest time and resources in serving and uplifting Raleigh. At Miller Law Group, our aim is to provide exceptional service and to partner with our clients in navigating their legal journeys. If you need legal representation in the Raleigh area, contact us today.