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North Carolina Whistleblower Laws

More Information on Whistleblower Laws

Code Section126-84, et seq.
Prohibited Employer ActivityCan not discharge, threaten or otherwise discriminate if employee or their representative reports or is about to report a violation of state or federal law, rule, or regulation, fraud, misappropriation of state resources or substantial and specific danger to public health and safety
Protection for Public or Private Employees?Public
Opportunity for Employer to Correct?-
RemediesCan file in superior court for damages, an injunction or other appropriate relief within one year of incident. Remedies include reinstatement, back pay, full fringe benefits and seniority rights and reasonable attorney's fees. If court finds willful violation, damages 3 times the amount of actual costs and reasonable attorney's fees
Penalties-

Code Section95-240, et seq.
Prohibited Employer ActivityCan not discriminate, discharge, suspend, demote or take other adverse action if employee or representative files claim, initiates an action or testifies on worker's compensation, OHSA, and wages or hours
Protection for Public or Private Employees?Both
Opportunity for Employer to Correct?-
RemediesCan file complaint with Commission of Labor within 180 days of the incident; after 180 days, employee can request a right-to-sue letter, then can file civil action within 90 days of issuance of the right to sue and get injunction, reinstatement, full fringe benefits and seniority rights, back pay and benefits and reasonable attorney's fees. If court finds willful violation, can get treble damages
Penalties-

Note: State laws are constantly changing -- contact an attorney or conduct your own legal research to verify the state law(s) you are researching.

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