If you are an at-will employee in North Carolina, your employer can terminate or punish you for almost any reason. At-will employment can be uncertain and scary, but this employer’s right is not absolute. The North Carolina Retaliatory Employment Discrimination Act (REDA) forbids employers from firing or taking adverse employment actions against employees who exercise their rights in the workplace. If your boss ends your employment because you engaged in protected activity, you likely have the right to file an administrative claim or sue for damages and legal relief.
Are you unsure whether it is time to file a REDA claim after enduring a termination or discipline in the workplace? Our knowledgeable employment attorneys at EMP Law can guide you and expertly handle your case. We have decades of experience to help you assert your rights and obtain all compensation available under North Carolina employer retaliation laws.
Schedule a consultation by contacting us online or by phone.
How the North Carolina Retaliatory Employment Discrimination Act Can Protect You
While at-will employment is the default in North Carolina, NC REDA outlaws workplace retaliation motivated by an employee asserting their rights (or helping another employee assert their rights) under one of the state’s employment laws.
Protected Activities Under REDA
You can initiate a REDA complaint if your employer disciplines you for making a claim or assisting with a claim regarding one of the following laws or legal matters:
- The Wage and Hour Act,
- The Mine Safety and Health Act,
- The Workers’ Compensation Act,
- National Guard reemployment rights,
- Authority over parents of juveniles adjudicated delinquent or undisciplined,
- Discrimination based on genetic testing,
- The Pesticide Board,
- The Occupational Safety and Health Act of North Carolina,
- The Drug Paraphernalia Control Act,
- Domestic violence, or
- Workplace violence prevention.
Not only can we help you with a retaliation complaint under REDA, but we can also help you take legal action against your employer regarding one of the above-listed legal matters.
What Counts as Retaliation?
REDA claims are not reserved only for individuals who have lost their jobs. If an employee experiences any of the following because they participated in a protected activity, they might have the right to initiate a legal action under REDA:
- Demotion,
- Unwanted job transfer,
- Reduction in pay,
- Elimination of benefits,
- Job termination,
- Unwanted job assignment,
- Suspension, or
- Reduction in benefits.
If you notice any negative change in your employment status after participating in a legal claim against your boss, speak to one of our knowledgeable attorneys about your access to legal relief under REDA or other employment laws.
What Remedies Are Available Under REDA?
In a successful REDA claim, an employee can recover compensation and injunctive relief, such as:
- Reinstatement of their status at work,
- Lost wages,
- Financial losses,
- Lost benefits, or
- Orders for the employer to stop engaging in retaliatory behavior.
If you prove in a civil lawsuit that your employer willfully violated REDA, you can win attorney fees and three times the amount of compensation you are owed.
How to File a REDA Complaint
You can file a REDA complaint by contacting an information officer from North Carolina’s Employment Discrimination Bureau to receive a complaint form in the mail. To preserve your right to compensation and other remedies under REDA, you must file your signed complaint form within 180 days of the retaliation.
You can also file a REDA lawsuit against your employer in civil court. However, you cannot exercise this option until you receive a right-to-sue letter from the Employment Discrimination Bureau. You have 90 days from the date of a right-to-sue letter to file your lawsuit.
However you choose to seek legal relief under REDA, we can help ensure that your case is timely filed and that you recover every cent you deserve.
We Can Hold Your Employer Accountable
Work is stressful enough without having to contend with an employer that refuses to obey the law. At EMP Law we protect the North Carolina workforce by taking unethical employers to task daily. We are veterans of employment law and use our legal experience to help mistreated employees. When you come to us for help, we give you personal attention and tailor our legal strategies to your unique needs. And no matter where you are in North Carolina, we are ready to help you. Please contact us online or give us a call to schedule a consultation today.
Michael proporciona servicios legales compasivos, diligentes y creativos que se adaptan a las necesidades específicas de cada cliente. Su experiencia relacionándose con clientes de diversos orígenes lo hace muy adecuado para representar a sus clientes en una amplia gama de áreas legales. Ejerce en las áreas de derecho laboral y derecho de familia, y tiene experiencia en derecho penal.
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