Can I be wrongfully terminated for getting injured at work?

Yes, you can be wrongfully terminated for getting injured on the job in North Carolina. It is illegal for an employer to fire or take any other “adverse action” against an employee in retaliation for filing a workers’ compensation claim. If an employee’s firing appears to be in response to a workers’ compensation claim, they may be entitled to damages. In North Carolina, an employee may have a valid claim of wrongful termination in violation of public policy if they are fired in violation of workers’ compensation rights. Additionally, the North Carolina Retaliatory Employment Discrimination Act prohibits employers from retaliating against employees for filing a workers’ compensation claim. This means that an employer cannot fire an employee for seeking workers’ compensation benefits or testifying in a workers’ compensation hearing. The remedy for wrongful termination in North Carolina is typically reinstatement to the former job with back wages. If a job is not available, the remedy may be a court order for payment of back pay and possibly punitive damages. It is important to note that both federal and North Carolina state laws prohibit employers from retaliating against employees for filing a workers’ compensation claim, and victims of retaliation may be entitled to financial compensation if their rights have been violated. Contacting an experienced attorney is always the best way to get assistance in determining your rights.

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