Navigating Retaliation Claims Under NC Employment Law

In North Carolina, the employment-at-will doctrine governs most workplace relationships, allowing either the employer or employee to terminate employment at any time, with or without cause or notice. This principle grants employers broad flexibility to manage their workforce, including making decisions about demotions, task assignments, policy changes, or reassigning duties as they deem appropriate. 

However, this freedom is not absolute. Certain exceptions exist, such as when a formal written contract with specific terms, such as start and end dates, exists to govern the employment relationship. Additionally, federal and state laws protect employees from workplace retaliation and discrimination based on characteristics like age, disability, religion, race, gender, color, national origin, or pregnancy. Understanding these protections is crucial for employees facing unfair treatment. 

In this article, The Mack Law Firm explores the nuances of retaliation claims under North Carolina employment law, offering insights into employee rights and legal recourse when employers unlawfully retaliate.

The NC Retaliatory Employment Discrimination Act (REDA)

Enacted in 1992, the North Carolina Retaliatory Employment Discrimination Act (REDA) safeguards employees by prohibiting workplace retaliation for engaging in specific protected activities. REDA ensures employees can exercise their rights without fear of adverse employer actions. 

Protected activities include filing or intending to file claims related to occupational safety concerns, wage and hour violations, or workers’ compensation. REDA also shields employees from retaliation due to genetic testing results, being a hemoglobin C carrier, or carrying the sickle cell trait. Further protections extend to employees involved in National Guard service, juvenile justice system activities, seeking domestic violence protective orders, reporting pesticide exposure, or whistleblowing under the Paraphernalia Control Act. 

Employers violate REDA by punishing employees for these actions with demotion, termination, or harassment. Understanding REDA is essential for recognizing your rights and determining if you have a valid claim for unlawful retaliation in the workplace.

How to Bring Retaliation Claims in North Carolina

Pursuing a retaliation claim in North Carolina requires timely and precise action to protect your rights under REDA. The process involves filing a complaint with the North Carolina Retaliatory Employment Discrimination Bureau, adhering to strict deadlines, and potentially escalating the case to court. Engaging an experienced employment law attorney in Raleigh, NC early can strengthen your claim and help navigate the complexities of the process.

Steps to File a Retaliation Claim in NC:

• • File a Complaint: Submit a complaint to the North Carolina Retaliatory Employment Discrimination Bureau within 180 days of the alleged retaliation. Missing this deadline may bar your claim, as established in Brackett v. SGL Carbon Corp., 580 S.E.2d 757, 761 (N.C. Ct. App. 2003).
  • Bureau Investigation: The Bureau investigates and may resolve the issue informally if it finds reasonable cause.
  • Receive Right to Sue: If the matter remains unresolved or no cause is found, the Bureau issues a Right to Sue letter.
  • File in Court: File a lawsuit within 90 days of receiving the Right to Sue letter to preserve your claim.

A retaliation claim attorney in North Carolina ensures proper documentation and articulation of your claim, avoiding pitfalls that could jeopardize your case. Consult a qualified employment law attorney in Raleigh, NC, promptly to assess whether your claim falls under REDA or other statutes before deadlines lapse.

How Courts Analyze Retaliation Claims Under REDA?

Employees can present direct or circumstantial evidence of retaliation to succeed in a REDA claim. When relying on circumstantial evidence, North Carolina courts apply a burden-shifting framework to evaluate the claim, as outlined in Fatta v. M & M Props. Mgmt., Inc., 727 S.E.2d 595, 599 (N.C. Ct. App. 2012), referencing Lilly v. Mastec N. Am., Inc., 302 F.Supp.2d 471, 481 (M.D.N.C. 2004). 

Initially, the employee must establish a prima facie case, demonstrating that retaliation occurred due to protected activity. Next, the employer must provide a legitimate, non-retaliatory reason for their actions against the employee. Finally, the employee bears the burden of proving that the employer’s stated reason was merely a pretext for unlawful retaliation, showing that the true motive was discriminatory.

Elements of a Successful Retaliation Claim in NC

To succeed in your employment retaliation claim under North Carolina’s REDA, an employee must prove the following elements:

1. 1. Protected Activity: The employee participated in an activity safeguarded by REDA. As detailed elsewhere, REDA covers specific activities, but it excludes discrimination complaints covered by Title VII.
   2. Retaliatory Action: The employer subjected the employee to an adverse action, such as dismissal, demotion, or any negative change impacting the terms, conditions, privileges, or benefits of their employment.
   3. Causal Connection: A clear link must exist between the protected activity and the adverse action. This can be shown through direct evidence or inferred from circumstantial evidence, like the proximity in time between the activity and the employer’s action.

Protected Activities Under REDA: Exception to the Employment-At-Will Doctrine

In North Carolina, REDA defines a specific set of protected activities for which employees cannot face employer retaliation. These activities include, but are not limited to:

• • Submitting a complaint to the North Carolina Department of Labor or NC OSHA. 
  • Pursuing a workers’ compensation claim.
  • Reporting violations of the North Carolina Wage and Hour Act.
  • Participating in investigations concerning alleged REDA violations.
  • Attending court proceedings as a parent of a juvenile under juvenile court jurisdiction.
  • Taking reasonable leave to exercise rights under North Carolina’s domestic violence laws. 

Notably, REDA does not extend to claims of discrimination based on race, color, gender, national origin, or religion, as these are addressed under Title VII of the Civil Rights Act of 1964.

What Amounts to Retaliatory Action in North Carolina?

Retaliatory actions extend beyond simply terminating an employee. Any conduct that adversely affects an employee’s job, including aspects related to the terms, conditions, privileges, or benefits of their employment, may qualify as retaliation. Examples include:

• • Unlawful dismissal
  • Reduction in job rank or pay
  • Temporary exclusion from work
  • Punitive reassignment to a less favorable location

Talk to a Retaliation Claims Lawyer in Raleigh, NC Today

If you suspect you’ve faced retaliation for engaging in a protected activity under REDA, consulting an experienced NC employment law lawyer is crucial. The Mack Law Firm in Raleigh specializes in employment law, offering unparalleled expertise to assess and advocate for your case. 

Our dedicated team at The Mack Law Firm focuses exclusively on protecting employee rights, bringing extensive knowledge and resources to every retaliation claim. We understand the complexities of workplace disputes and are committed to securing justice for our clients. 

With a client-centered approach, we provide free initial consultations to discuss your situation without financial risk. Contact us by calling  1-833-744-1002 or submitting our online contact form. Let us fight for your rights and help you seek the justice you deserve.