David G. Schiller represents North Carolina employees in a wide range of employment law cases — including retaliation.
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).
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You are welcome to contact us regarding your employment law issue.
Please complete our employment law contact form so that we can assist you with your employment issue.
If you have any employment issue with an agency of the State of North Carolina (e.g. Department of Transportation)., please use the State employee contact form.