Retaliation Protections Under North Carolina REDA
The North Carolina Retaliatory Employment Discrimination Act (REDA) provides protections for employees who engage in certain protected activities under North Carolina law. REDA prohibits employers from retaliating against employees for exercising rights related to workplace safety, wage protections, leave, and other statutory rights.
Burts Law assists employees in understanding how REDA applies and in evaluating options when retaliation concerns arise.
Who Is Protected Under REDA
REDA protections generally apply to employees who engage in protected activity under specific North Carolina statutes. Coverage depends on the type of activity involved and the employer’s obligations under applicable law.
Protected Activities Under REDA
REDA protects employees who engage in certain activities, including:
- Filing or threatening to file a workers’ compensation claim
- Reporting workplace safety or health concerns
- Complaining about wage and hour violations
- Exercising rights related to family or medical leave
- Participating in investigations or proceedings related to protected statutes
Each claim is evaluated based on the nature of the activity and the timing of the employer’s response.
Prohibited Retaliation Under REDA Chart
| Retaliatory Action | Examples |
| Termination | Discharge following protected activity |
| Discipline | Warnings or write-ups after complaints |
| Demotion | Reduction in pay or responsibilities |
| Schedule Changes | Unfavorable shifts or assignments |
| Harassment | Hostile treatment after protected activity |
The REDA Complaint Process
REDA claims are handled through the North Carolina Department of Labor. The process involves specific procedural steps and deadlines that may affect an employee’s rights.
| Process Stage | General Description |
| Complaint Filing | Employee files a complaint with NCDOL |
| Investigation | Agency investigates retaliation claims |
| Findings | Determination issued by the agency |
| Administrative Review | Additional review may be available |
| Court Action | Limited circumstances allow litigation |
Timely filing is an important consideration under REDA.
Burden of Proof Considerations
REDA claims involve a burden-shifting framework that considers whether protected activity was a motivating factor in the employer’s action. Evaluation often involves reviewing timing, employer explanations, and comparative treatment.
FAQs: NC REDA
What laws are covered by REDA?
REDA covers retaliation related to several North Carolina statutes, including workers’ compensation, wage and hour laws, occupational safety, and family or medical leave provisions.
Do I have to report concerns internally before filing a REDA claim?
Reporting requirements depend on the type of protected activity involved and the applicable statute.
How long do I have to file a REDA complaint?
REDA complaints are subject to strict filing deadlines. Timeliness is critical.
What types of retaliation are prohibited under REDA?
REDA prohibits a range of retaliatory actions, including termination, discipline, demotion, and other adverse employment actions.
Can retaliation be subtle or indirect?
Yes. Retaliation may include actions that would discourage a reasonable employee from engaging in protected activity.
How REDA Claims May Intersect With Other Employment Issues
REDA claims may overlap with workers’ compensation disputes, wage claims, leave-related issues, or termination disputes. Evaluation often involves considering multiple employment law frameworks.
Contact Burts Law
If you have questions about retaliation protections under the North Carolina Retaliatory Employment Discrimination Act, contact Burts Law to schedule a consultation to discuss your situation and available options.
