What is the process for filing a whistleblower claim?
The process for filing a whistleblower claim in North Carolina is relatively straightforward. To submit the claim, an individual must file a charge of discrimination with the North Carolina Equal Employment Practices Act (NCEEPA) or the North Carolina Occupational Safety and Health Act (NCOSH). The charge must be filed within a certain amount of time, usually 180 or 300 days, depending on the situation. After the charge is filed, the NCEEPA or NCOSH will investigate the claim and determine if there is a violation of the law. If the agency finds the claim to be valid, they will provide the individual with a remedy. Remedies can include back pay, compensatory damages, or reinstatement. The individual may also need to hire an attorney to represent them during the process. Attorney fees and other costs associated with prosecuting the claim will be paid by the employer if the whistleblower is successful. If the charge is dismissed or the individual is not satisfied with the remedy provided, the individual may file a civil action in a court of competent jurisdiction. The individual will be required to prove that the employer has violated whistleblower laws and that the violation has caused them damage. If successful, the individual may be awarded compensatory and punitive damages. In summary, the process for filing a whistleblower claim in North Carolina is relatively simple. The individual is required to file a charge with the NCEEPA or NCOSH and then follow the process of investigation and potential remedy. If an individual wishes to pursue the case further, they can file a civil action in a court of competent jurisdiction.
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