Employer Retaliation in Charlotte Workers’ Compensation Cases
Employees who file a workers’ compensation case could experience retaliation from their employers. If this happens to you, a qualified Charlotte workers’ compensation attorney could guide you on what your rights are as an employee.
According to North Carolina and federal law, an employer retaliation in Charlotte workers’ compensation cases is forbidden. You can discuss your particular case with a dedicated workers’ compensation attorney and receive legal advice if you have faced retaliation from the employer in any form.
How Retaliation is Defined in Workers Compensation Cases
The laws in Charlotte that forbid discrimination based on sex, race, religion, pregnancy, national origin, disability, and age also forbid retaliation against employees who resist discrimination or participate in an employment discrimination proceeding.
Retaliation by the employer is defined as an unfavorable action against an employee just because they engaged in a protected activity. Filing a claim for workers’ compensation is considered a protected activity that can lead to retaliation according to The Retaliatory Employment Discrimination Act (REDA) of North Carolina.
Unfavorable actions of an employer can include negative evaluations, salary cuts, discipline, reduced hours, issuing warnings, or termination. Hostile behavior or attitude of co-workers or supervisors can also constitute retaliation.
Besides the obvious action of firing an employee for exercising their workers’ compensation rights, there are many other ways an employer could retaliate. Discrimination and harassment are some forms of retaliation and can manifest as follows:
- Reduction in wages or a demotion
- Giving poor performance reviews which are not deserved or unnecessary disciplinary action
- Threatening negative actions against employees
- Failing to promote a deserving individual
- Isolation or intimidation at the workplace
- Meddling with the claims process
- Acting adversely against terms of employment or benefits
- Providing negative employment references
Justifiable Employer Action in Charlotte
Terminating or disciplining an employee for a legitimate reason is still the right of an employer. This holds true even when a workers’ comp claim is alive. It is legitimate termination if the employee’s move is not connected to the claim. This discipline or termination should not be in violation of any employment law.
There are some defenses available to employers when there are claims of retaliatory discharge. An effective defense is to demonstrate that another employee in a similar situation was not dismissed despite the same circumstances. Yet another defense is to show that the employee’s termination was assured irrespective of their involvement in a protected activity. To learn more about employer retaliation in Charlotte workers’ compensation cases, contact a well-established personal injury attorney.
An Attorney Could Help Address Employer Retaliation in Charlotte Workers’ Compensation Cases
Many states afford legal protection to individuals subjected to retaliation by their employer. This is normally available via state agencies or court actions. Where employees do not get protection through legislative means, a great number of states have mandated the ability for employees to file retaliatory discharge lawsuits.
As laws will differ from state to state, you should speak to a solid workers’ compensation lawyer in Charlotte who is well-versed with the laws in North Carolina. Call today to discuss employer retaliation in Charlotte workers’ compensation cases.