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Workplace Retaliation in North Carolina: Your Rights and Legal Options (2025)

Workplace retaliation occurs when your employer punishes you for exercising your legal rights. While North Carolina is an at-will employment state, it’s illegal for employers to retaliate against employees who engage in protected activities like filing workers’ compensation claims, reporting discrimination, or refusing to break the law.

If you’ve been fired, demoted, or punished for standing up for your rights, you may have a retaliation claim.

What Is Workplace Retaliation?

Retaliation is when your employer takes adverse action against you because you engaged in protected activity.

Three elements of retaliation:

  1. You engaged in protected activity
  2. Your employer took adverse action against you
  3. There’s a causal connection between the two

Protected Activities in North Carolina

1. Filing Workers’ Compensation Claim

Most common retaliation scenario in NC

You’re protected from retaliation for:

  • Filing a workers’ comp claim
  • Testifying in a workers’ comp proceeding
  • Hiring an attorney for workers’ comp

Example: You injure your back at work and file a workers’ comp claim. Two weeks later, you’re fired for “poor performance” despite positive reviews. This is likely retaliation.

2. Reporting Discrimination or Harassment

Protected under federal Title VII

  • Filing EEOC complaint
  • Internal complaint about discrimination/harassment
  • Participating in discrimination investigation
  • Testifying in discrimination case

3. Reporting Wage Violations

  • Complaining about unpaid wages
  • Reporting overtime violations
  • Filing wage claim with NC DOL or federal DOL

4. Reporting Safety Violations

  • Reporting OSHA violations
  • Refusing unsafe work
  • Participating in safety investigation

5. Taking FMLA Leave

  • Taking or requesting FMLA leave
  • Exercising FMLA rights

6. Jury Duty

  • Serving on a jury
  • Responding to jury summons

7. Whistleblowing

  • Reporting illegal activity to authorities
  • Refusing to participate in illegal activity

Types of Adverse Actions

Retaliation includes (but isn’t limited to):

  • Termination (firing)
  • Demotion or reduction in responsibilities
  • Pay reduction
  • Negative performance reviews (unwarranted)
  • Exclusion from meetings or opportunities
  • Hostile treatment or creating hostile environment
  • Schedule changes (unfavorable shifts)
  • Denial of promotion or raise
  • Suspension or disciplinary action

How to Prove Retaliation

Element 1: Protected Activity

Document that you engaged in legally protected activity:

  • Workers’ comp claim filed
  • EEOC complaint submitted
  • Wage complaint made
  • Safety violation reported

Element 2: Adverse Action

Show your employer took negative action against you:

  • Termination notice
  • Demotion letter
  • Pay reduction documentation
  • Negative performance review

Element 3: Causal Connection

Prove the adverse action was because of the protected activity:

Strong evidence:

  • Timing: Adverse action shortly after protected activity
  • Direct statements: Supervisor says “this is because you filed that claim”
  • Pattern: Others who engaged in protected activity also faced retaliation

Example: You file workers’ comp on Monday. On Friday, you’re fired. The timing creates an inference of retaliation.

Filing a Retaliation Claim in North Carolina

For Workers’ Comp Retaliation

North Carolina Industrial Commission

  • File alongside workers’ comp claim
  • Can seek reinstatement, back pay, damages
  • Phone: 919-807-2500
  • Website: ic.nc.gov

For Discrimination/Harassment Retaliation

Equal Employment Opportunity Commission (EEOC)

  • Deadline: 180 days (300 days if dual-filing)
  • Phone: 1-800-669-4000
  • Website: eeoc.gov

For Wage Claim Retaliation

NC Department of Labor or U.S. DOL

  • File with same agency as wage claim
  • Deadline: 2 years (3 years if willful)

For FMLA Retaliation

U.S. Department of Labor

  • Deadline: 2 years (3 years if willful)
  • Phone: 1-866-487-9243

What You Can Recover

  • Back pay: Lost wages from retaliation to resolution
  • Front pay: Future lost earnings if reinstatement not feasible
  • Reinstatement: Getting your job back
  • Compensatory damages: Emotional distress
  • Punitive damages: Punishment for egregious conduct
  • Attorney’s fees: Employer pays if you win

Common Questions

How long do I have to file a retaliation claim in North Carolina?

Depends on the type:

  • EEOC retaliation: 180-300 days
  • Workers’ comp retaliation: Generally 2 years
  • FMLA retaliation: 2-3 years
  • Wage retaliation: 2-3 years

Can I be fired for filing workers’ compensation?

No. Retaliating against an employee for filing workers’ comp is illegal in North Carolina.

What if my employer says the termination was for poor performance?

You can show the stated reason is “pretextual” (fake) by proving:

  • You have positive performance reviews
  • The timing is suspicious (fired right after protected activity)
  • Similarly situated employees weren’t fired
  • The reason changed over time

Resources

NC Industrial Commission (Workers’ Comp Retaliation)

EEOC (Discrimination/Harassment Retaliation)

  • Phone: 1-800-669-4000
  • Website: eeoc.gov

Legal Aid of North Carolina

Related Topics

Experienced workplace retaliation in North Carolina? Get a free consultation. Strict deadlines apply—some as short as 180 days.

Disclaimer: The information on this page is for general informational purposes only and does not constitute legal advice. Employment laws vary by state and change frequently. For advice specific to your situation, consult a licensed employment attorney in North Carolina. Employment Law Aid is not a law firm and does not provide legal representation.