North Carolina’s employment and discrimination laws would appear to give employees many ways to sue their employers. Fortunately, each has specific requirements, which means employees who act as their own lawyers will have a hard time using them to sue you.
Recent case: Kathryn was a correctional officer for North Carolina Department of Public Safety. Two years into the job, she filed a sexual harassment complaint, alleging that a supervisor had harassed her. However, after filing an EEOC complaint, she never pursued a lawsuit because she said she couldn’t afford an attorney.
Later, Kathryn got into a fight with a co-worker, leading to her termination.
Representing herself, Kathryn sued, alleging she had been retaliated against for filing the original EEOC complaint. Her suit cited several federal laws, plus the North Carolina Equal Employment Practices Act (NCEEPA), the public policy exception to the state’s at-will employment doctrine and the North Carolina Retaliatory Employment Discrimination Act (REDA).
The court dismissed each claim. It pointed out that the NCEEPA does not let employees sue to enforce equal employment rights. It concluded that the public policy exception doesn’t cover sexual harassment retaliation. Finally, it noted that under the REDA, employees must complain to the state Department of Labor within 180 days of the alleged employment incident. Kathryn had not done so. Her case was dismissed. (Johnson v. State of North Carolina, No. 5:11-CV-57, WD NC, 2012)
Final note: Of course, you shouldn’t ignore North Carolina anti-discrimination laws. Employees often find competent attorneys who are waiting to pounce on employers that let their guards down. If you aren’t familiar with these laws, educate yourself.
Like what you've read? ...Republish it and share great business tips!
Attention: Readers, Publishers, Editors, Bloggers, Media, Webmasters and more...
We believe great content should be read and passed around. After all, knowledge IS power. And good business can become great with the right information at their fingertips. If you'd like to share any of the insightful articles on BusinessManagementDaily.com, you may republish or syndicate it without charge.
The only thing we ask is that you keep the article exactly as it was written and formatted. You also need to include an attribution statement and link to the article.
" This information is proudly provided by Business Management Daily.com: http://www.businessmanagementdaily.com/33935/employee-is-own-lawyer-nc-law-on-your-side "