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  • Retaliatory Employment Discrimination Act of the North Carolina North Carolina

    If you would please review this situation and let me know your thinking ..I will refer to A and B for people

    ……employee (A) tells the supervisor that they feel another employee (B) is being harassing and is not pleased with how they talk to them and that this behavior was intimidating to them.

    ****Supervisor comments are that they are aware of the other persons (B) inability to get along with others and leaves it alone (no action taken)

    **** A few weeks go by and employee B files a complaint against employee A for an incident that occurred a month earlier. this in it self is a violation of there company policy they must file incident reports immediately.) No action taken on employee B

    **** Employee A was terminated for due to the complaint but no investigation was completed. Employee A contacts the ethics committee to inform them what has taken place. The regional HR manager reinstates employee A employment.

    *** Employee A meets with the HR manger and informs them of the intimidation from employee B and also felt she would be retaliated against by the supervisor for going to the ethics committee. Still no action taken to resolve the intimidation complaint also the documentation from the termination was torn up so there is no evidence of any investigation for both matters. Also there is no documentation from the Regional HR manager of the complaint filed through the ethics committee or corrective action taken.

    *** Employee A goes back to work and the supervisor follows them around continuously during the shift "observing" and asks that employee A come meet with them at a designated time to discuss their performance and employee A does so. While in the meeting some of employee A's work gets behind and is not done on time due to being in the meeting and the supervisor writes them up for "gross misconduct" for not having their duties done on time and terminates them once again.

    Several questions

    Since this employee filed a complaint with the company ethics committee and made the supervisor aware of an intimidating situation that was not addressed are they considered to be protected against retaliation under the Retaliatory Employment Discrimination Act of the North Carolina General Statutes Chapter 95, Article 21 ?

    If so does employee A have the right to a civil suit or at least file a written complaint with the Commissioner of Labor alleging the violation and wait for a right to sue notice?
    Does this seem to be a retaliatory action from the supervisor?
    Does / Do or are ethics committees required to document complaints and follow up with any actins / findings taken? If so does this get back to the complainant or does this become a part of their personnel file?
    Is it legal to destroy or tear up a termination forms and surrounding documents for someone that get's reinstated?

  • #2
    Duplicate post
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

    Comment


    • #3
      No, I don't think your situation is going to be covered under the NC REDA Act, GS 95-240 et seq. And if you were an employee at will, then they can fire you and mistreat you pretty much however they wish, so long as they don't violate REDA or various civil rights laws.
      Bob Bollinger, Attorney
      Board Certified Specialist in NC Workers' Compensation Law
      Charlotte, NC

      Comment


      • #4
        Missing pieces

        Sounds to me like there are some missing pieces to this puzzle. I do not see how any company could terminate an employee for getting behind in their work due to being in a meeting with their supervisor. (?)
        However, if this were the case and you are located in a right to work state, you can be terminated at anytime for any reason.

        Comment


        • #5
          Of course, gina, this post is a year-and-a-half old.

          I will correct your statement, however, regarding "right to work". Right to work has to do with not being required to join a union to get a particular job. The concept you are invoking is "at will employment", not "right to work".
          Last edited by Pattymd; 06-09-2009, 04:47 AM.
          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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