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Whistleblower/Wrongful Termination in NC

ImperiusVImperiusV Registered User regular
edited September 2009 in Help / Advice Forum
In North Carolina, what rules exist regarding employees fired for investigating employer wrongdoing? Please cite a source. From what I've been researching, NC isn't very protective of worker's rights, and that New Jersey, for example, is more friendly.

ImperiusV on

Posts

  • VisionOfClarityVisionOfClarity Registered User regular
    edited September 2009
    Ok, so you want us to do your homework. Have you looked at the NC statutes regarding whistle blowing or the NC DOL website or even wikipedia yet?

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  • ImperiusVImperiusV Registered User regular
    edited September 2009
    Obviously. Wikipedia's definitions along with several law dictionaries are inconclusive. I'm not sure if they would apply to my situation. The state sites are hard to search and very slow on my computer. Plus, they don't run PDF files well.

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  • ImperiusVImperiusV Registered User regular
    edited September 2009
    Sorry, spoke too soon. Would this apply to me? Is being fired for investigating wrongdoing legal?
    § 108A‑70.15. Employee remedies.
    (a) In the absence of fraud or malice, no person who furnishes information to officials of the State responsible for investigating false claims violations shall be liable for damages in a civil action for any oral or written statement made or any other action that is necessary to supply information required pursuant to this Part.
    (b) Any employee of a provider who is discharged, demoted, suspended, threatened, harassed, or in any other manner discriminated against in the terms and conditions of employment by the employee's employer because of lawful acts done by the employee on behalf of the employee or others in furtherance of an action under G.S. 108A‑70.12, including investigation for, initiation of, testimony for, or assistance in an action filed or to be filed under G.S. 108A‑70.12, shall be entitled to all relief necessary to make the employee whole. Relief shall include reinstatement with the same seniority status as the employee would have had but for the discrimination, two times the amount of back pay, interest on the back pay, and compensation for any special damages sustained as a result of the discrimination, including litigation costs and reasonable attorneys' fees. An employee may bring an action in the appropriate court for the relief provided in this section. (1997‑338, s. 1.)
    Bold mine.

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  • LautermilchLautermilch Registered User regular
    edited September 2009
    ImperiusV wrote: »
    In North Carolina, what rules exist regarding employees fired for investigating employer wrongdoing? Please cite a source. From what I've been researching, NC isn't very protective of worker's rights, and that New Jersey, for example, is more friendly.


    More protection for public than private workers.


    http://law.findlaw.com/state-laws/whistleblower-statutes/north-carolina/

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  • A BearA Bear Registered User regular
    edited September 2009
    Check out the Retaliatory Employment Discrimination Act (REDA)

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  • KiplingKipling Registered User regular
    edited September 2009
    Is this future or past tense firing? In any case, this is generally one of those times when it best to talk to a lawyer.

    If you have proof and aren't fired, the attorney general's office lawyer would likely be free. Call the state attorney general office and ask for Victim or Citizen Services. You should eventually get routed to someone who can get you an answer on what they can do for you.

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