Workplace Retaliation After Filing A Workers’ Compensation Claim In North Carolina: What Behavior Is Illegal?

In this article, you can discover…

• Whether your employer can legally fire you after you file a workers’ comp claim.
• Whether demotions or shift charges are considered retaliation.
• How to report workplace retaliation, and when to consult an attorney.

Can An Employer Legally Fire Me After I File A Workers’ Compensation Claim In North Carolina?

North Carolina is a work-at-will state, which generally means an employer can fire you for any reason or for no reason. However, there are still rules in place that protect workers from retaliation, including retaliation for filing a workers’ comp claim. It is illegal for you to be fired simply for asserting your right to be compensated for an injury, and most employers know this.

It is rare for an employer to blatantly and clearly fire workers for filing a workers’ comp claim. More commonly, an employer may find a reason or an excuse to fire you that is not clearly linked to the claim.

For example, larger employers may have what is called an “economic layoff”, claiming that staffing needs have changed. Interestingly, the workers fired during these layoffs are often older, may have been recently injured, or may struggle with productivity in other ways.

So while blatant termination for workers’ comp cases is rare, your employer may try to find other, less obvious ways to let you go in the aftermath of an injury and a claim.

Are Demotions, Reduced Hours, Or Shift Changes Considered Retaliation Under North Carolina Law?

This depends. If your job duties have changed due to your injury, shift changes may not only be legal, but also appropriate to ensure your light-duty restrictions are being adhered to. Likewise, reducing hours won’t be considered retaliation so long as your employer or the insurance carrier is paying “partial disability” to make up the difference in pre- vs. post-injury pay.

That said, some situations may indicate possible retaliation. Say your shift used to be a manageable 7-3 slot that allowed you to pick your children up from school and be home for dinner each night. Now, post-claim, you’ve suddenly been put on overnights. This could indicate possible retaliation or an attempt to pressure you to leave the company.

The best way to prove retaliation is with documentation that points to malintent rather than a genuine, helpful accommodation.

Attorney Justin Wraight is a knowledgeable, hard-working personal injury attorney serving North Carolina. Since 2003, he’s helped workers just like you identify and call out retaliation, making the claims process much fairer, smoother, and less stressful.

Have questions, or in need of legal guidance? Reach out to Cardinal Law Partners for an initial consultation today.

Can An Employer Reduce Job Duties Or Create A Hostile Work Environment To Force An Injured Worker Out?

Employers are not legally allowed to discriminate against people who have filed workers’ comp claims, but this doesn’t prevent such discrimination from occurring.

For example, you may be on light duty, and your employer may consign you to the most boring, tedious desk job possible as a type of punishment. Instead of doing genuine light duty on the floor, you’re at a desk counting paperclips. If you have a sensitivity to cold, they may decide your “light duty” involves counting frozen hamburgers in the freezer.

And as you work at your tedious or uncomfortable light-duty job, some employers will position recording devices nearby in hopes that you will say or do something out of sheer frustration, such as curse your employer under your breath or flip off your boss behind their back. Well, they’ve caught it on audio or video now, and that gives them an excuse to fire you for “unprofessional behavior”.

If you eventually quit out of frustration, this gives your employer the chance to say, “Well, we had a light-duty job for them, we invited them back to work, and they chose to leave.” This gets workers’ comp off the hook for compensating you, and allows your employer to make it seem like you quit of your own volition.

Should Workplace Retaliation Be Reported Internally Before Taking Legal Action?

Yes, if you feel you are being retaliated against at work, it is best to report it internally first. Formal documentation of these events is extremely important. Formal complaints give credibility and context to your concerns and make sure your employer’s behavior is documented as it happens. If you wait until you are terminated to mention these retaliatory actions, proving retaliation will be more difficult.

If you experience retaliation along the way, let your attorney know, as well. For example, if you’ve been put in a hot parking lot all day and aren’t allowed to step into the shade, tell me. I can get in touch with your employer on your behalf, let them know this looks an awful lot like retaliation, and put them on notice.

This is usually enough to get some changes made to your light-duty accommodations and help your employer realize that retaliation isn’t going to work.

When Is It Time To Consult A Workers’ Compensation Retaliation Attorney?

The best time to have an attorney during the course of your case is yesterday. Never wait. I offer free initial consultations, and I won’t get paid until your settlement is negotiated at the end of the case.

Rather than struggling with uncertainty as an injured worker, it’s best to allow an attorney to help you. Workers’ comp can be complex, and retaliation can be hard to spot. As soon as you begin a workers’ comp claim, come and see me. I can be helpful at every stage of your claim, ensuring your case is handled well and that your settlement truly reflects your needs and losses.

Still Have Questions? Ready To Get Started?

For more information on workers’ compensation retaliation in North Carolina, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (833) 444-4257 today.