David G. Schiller represents North Carolina employees in a wide range of employment law cases — including retaliation.
It is important to remember that North Carolina is an employment-at-will state. The employment-at-will section should be read before reading this page.
This is a specific exception to the employment-at-will rule. The employee must meet all of the retaliation requirements to receive the protection from being fired.
There are a number of laws prohibit employers from retaliation against employees who report discrimination.
The employee has to prove the following facts:
1. the employee engaged in a “protected activity”
2. the employer took an “adverse employment action” against the employee
3. the “protected activity” was the cause of the “adverse employment action.”
The “protected activity” is typically complaining about discrimination, but it can include “participating” in a co-worker’s complaint by giving accurate information to the EEOC or in a court case.
It is important to note that retaliation is similar to but not the same as wrongful discharge (which prohibits firing an employee for a reason that violates North Carolina public policy) and being a whistleblower (which protects employees who report unlawful activity, not necessarily discrimination).
Contact Us • Statewide Representation
You may call our office at (919) 789-4677 to discuss your employment law issue.
