Representing Employees in Charlotte, Raleigh, Wilmington & Statewide

Employees have the legal right to report discrimination, harassment, wage violations, and other unlawful workplace conduct without fear of punishment. Unfortunately, retaliation is one of the most common — and most aggressively litigated — forms of employment law violations.

If your employer fired you, demoted you, cut your pay, disciplined you, or otherwise took adverse action after you complained or asserted your rights, you may have a retaliation claim. An experienced North Carolina employee retaliation lawyer can help you understand your options and protect your rights.

At Gibbons Law Group, PLLC, we represent employees — and only employees — in retaliation cases across Charlotte, Raleigh, Wilmington, and throughout North Carolina.

What Is Workplace Retaliation?

Workplace retaliation occurs when an employer takes a materially adverse action against an employee because the employee engaged in a protected activity. The law does not require termination for retaliation to occur. Any action that would discourage a reasonable employee from asserting their rights may qualify.

A protected activity can include, among other things:

  • Reporting discrimination or harassment

  • Requesting a reasonable accommodation

  • Complaining about unpaid wages or overtime

  • Taking or requesting protected medical leave

  • Participating in a workplace investigation

  • Cooperating with a government agency inquiry

Common Forms of Employer Retaliation

Retaliation can be subtle or overt. Common examples include:

  • Termination or forced resignation

  • Demotion or loss of job responsibilities

  • Pay cuts or loss of benefits

  • Negative performance evaluations or disciplinary write-ups

  • Reassignment to less desirable duties or shifts

  • Harassment or increased scrutiny

  • Denial of promotions or opportunities

Employers often attempt to disguise retaliation as “performance issues” or “business decisions.” A retaliation lawyer can help uncover the real motive.

Why Do Employers Retaliate?

Employers often retaliate when an employee’s conduct threatens to:

  • Expose illegal or unethical practices

  • Cost the company money or liability

  • Trigger internal or government investigations

  • Set a precedent for other employees

Common scenarios leading to retaliation include:

  • Reporting sexual harassment or assault

  • Complaining about race, sex, age, disability, or other discrimination

  • Filing a workers’ compensation claim

  • Requesting disability accommodations

  • Reporting wage theft or overtime violations

  • Whistleblowing on unlawful conduct

Federal Anti-Retaliation Laws

There is no single “catch-all” retaliation statute, but most federal employment laws contain strong anti-retaliation provisions, including:

  • Title VII of the Civil Rights Act of 1964

  • Americans with Disabilities Act (ADA)

  • Fair Labor Standards Act (FLSA)

  • Equal Pay Act (EPA)

  • Family and Medical Leave Act (FMLA)

These laws protect not only employees who file complaints, but also employees who participate in investigations or support another employee’s claim — even if the underlying complaint is ultimately not proven.

North Carolina Retaliation Laws

North Carolina provides additional retaliation protections under both common law and statute.

North Carolina Common Law Protections

Under North Carolina public policy, employers may not retaliate against employees for:

  • Refusing to engage in illegal conduct

  • Refusing to work for less than minimum wage

  • Refusing to lie or provide false testimony

  • Assisting with investigations

  • Refusing conduct that endangers public safety

Retaliatory Employment Discrimination Act (REDA)

North Carolina’s REDA prohibits retaliation for, among other things:

  • Filing workers’ compensation or wage complaints in good faith

  • Reporting OSHA or safety violations

  • Exercising rights under North Carolina wage and hour laws

  • Testifying or assisting in covered investigations

  • Reporting violations as a state employee

  • Exercising rights related to domestic violence protections

REDA claims have short deadlines and strict procedural requirements. Delay can permanently bar your claim.

What Must Be Proven in a Retaliation Case?

To establish retaliation, an employee generally must prove:

  1. The employee engaged in protected activity

  2. The employer knew about the protected activity

  3. The employer took a materially adverse action

  4. A causal connection exists between the protected activity and the adverse action

Employers rarely admit retaliatory motives. Evidence often includes timing, shifting explanations, inconsistent discipline, or comparative treatment of other employees.

Compensation Available in Retaliation Claims

Depending on the law involved, successful retaliation claims may allow recovery of:

  • Lost wages and benefits

  • Liquidated or statutory damages

  • Emotional distress damages

  • Attorney’s fees and costs

  • Reinstatement or front pay

Why Choose Gibbons Law Group?

  • We focus exclusively on employment law

  • We only represent employees — never employers

  • Decades of experience handling retaliation cases

  • Deep knowledge of North Carolina and federal employment law

  • Strategic, evidence-driven case evaluation

We represent employees throughout Charlotte, Raleigh, Wilmington, and across North Carolina.

Speak With a North Carolina Employee Retaliation Lawyer

Retaliation claims are time-sensitive. Many require filing with a government agency before a lawsuit is allowed. Waiting too long can eliminate your rights.

If you believe your employer retaliated against you, contact Gibbons Law Group, PLLC for a free, confidential consultation. We will evaluate your claim, explain your options, and determine the strongest path forward.

Protect your rights. Contact Gibbons Law Group today.