Are employers allowed to terminate employees for filing workers' compensation claims?

In North Carolina, employers are allowed to terminate employees who have filed workers’ compensation claims, in certain circumstances. Under North Carolina’s Employment Discrimination Law, employers are prohibited from discriminating against employees or applicants because of a disability or workers’ compensation claim. An employer cannot refuse to hire someone solely because they’ve filed a workers’ compensation claim. However, employers may terminate an employee who has filed a workers’ compensation claim if the termination is not related to the claim. For example, an employer can terminate someone for poor performance or misconduct not related to the claim. In addition, an employer can also terminate someone if their work disability prevents them from performing the essential job duties. It is important to note that employers may not retaliate against an employee for filing a workers’ compensation claim. An employee can protected against wrongful termination for filing a workers’ compensation claim by filing a lawsuit or charge against the employer. If the employee prevails, they may be entitled to punitive damages, such as back pay, attorneys’ fees, and costs associated with their claim. In summary, while employers are not allowed to terminate an employee solely because of their workers’ compensation claim, the employer may terminate the employee if the termination is unrelated to the claim or the employee’s work disability prevents them from performing their job duties.

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Are employers allowed to terminate employees for filing workers' compensation claims?

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