North Carolina Retaliatory Employment Discrimination Act (REDA) and Workers’ Compensation Claims
The North Carolina Retaliatory Employment Discrimination Act (“REDA”) prohibits an employer discriminating or retaliating against an employee because he or she files or threatens a workers’ compensation claim. While there are procedural steps that must be strictly adhered to, if the employee is able to prove his or her case before a jury, the damages available will include lost wages and other economic damages. If the employer willfully violated the statute, the employee’s damages may be trebled. If you were an employee, and believe you were fired because you filed a workers’ compensation claim with the North Carolina Industrial Commission, contact the Raleigh employment law attorneys of Maginnis Law at 919.480.8526.
Before initiating a civil lawsuit, an employee alleging that he or she was fired due to filing a workers’ compensation claim must file a REDA complaint with the North Carolina Employment Discrimination Bureau. The complaint needs to be filed within 180 days of the retaliatory action. The EDB will then usually issue a “right-to-sue” letter to the employee. Once this letter has been issued, the employee has only 90 days to file a civil suit.
If the employee does file suit under REDA, there are a number of different forms of relief available, including:
(1) Financial compensation for economic damages such as lost wages and benefits;
(2) Reinstatement to the same or a similar position; and
(3) An injunction stopping the employer from engaging in the discrimination.
If you are interested in pursuing a claim under the North Carolina Retaliatory Employment Discrimination Act, the Raleigh lawyers of Maginnis Law offer free consultations. We can handle these types of cases under a number of fee arrangements, depending upon the exact facts and circumstances and your desired outcome. We regularly represent clients in Raleigh, Durham, Chapel Hill, Cary, Garner, Apex, Wake Forest, and the surrounding Wake-Durham County area.
To speak with a Raleigh employment law attorney regarding your North Carolina REDA claim, contact Maginnis Law at 919.480.8526. You may also send a confidential email inquiry via our contact page.