What rights do whistleblowers have?

In North Carolina, whistleblowers have the right to be protected from retaliation that is based on reporting, or threatening to report, a violation of law, or suspected violation of law. Whistleblowers are further protected from discrimination or other adverse action taken against them because they provided information to the government, a supervisor, or a third-party. North Carolina law also protects whistleblowers from retaliatory discharge, demotion, suspension, threats, harassment, or other discrimination of any kind. In addition to the above protections, North Carolina also recognizes the whistleblower’s right to pursue a civil action if retaliatory action is taken against them. This means that the whistleblower may seek compensatory damages, as well as punitive damages for lost wages, emotional distress, attorney fees, and court costs. Finally, under North Carolina law, there is a presumption that any adverse action taken against a whistleblower was retaliatory, unless the employer can show that the action was taken for a legitimate business purpose. This means that the burden of proof is on the employer, and the whistleblower does not have to disprove the employer’s claim of a legitimate business purpose.

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