Suffering a workplace injury creates stress and uncertainty. Filing a workers’ compensation claim can raise concerns about job security. Many people worry whether filing a claim can lead to termination. Employers cannot legally fire you just for filing, but the situation can still be challenging.
Job protection under North Carolina law
North Carolina law forbids employers from firing employees because they filed a workers’ compensation claim. The law classifies such action as retaliation, and it carries legal consequences. Despite this protection, the law does not guarantee permanent job security. Employers can still fire you for legitimate business reasons, such as poor job performance, a company-wide layoff, or a department restructure. Your claim does not give you immunity from all types of termination.
What employers can and cannot do
Employers cannot punish or threaten you for requesting workers’ compensation. They may not demote you, cut your hours, or create a hostile work environment. These actions count as retaliation and break the law. However, if your injury makes you unable to perform essential job duties, your employer can decide not to keep your role open. Some companies assign modified duties or offer lighter tasks as accommodations, but others may lack the resources or willingness to do so.
Proving wrongful termination
To prove your employer retaliated against you, gather strong evidence. Document conversations, save emails, and write down important details from meetings. Talk to coworkers who may have witnessed unfair treatment. These records will help you show that your claim led to termination. File a complaint with the North Carolina Retaliatory Employment Discrimination Bureau (REDB) to start the process. Acting quickly and presenting solid proof can improve your chances.
If your employer fires you after you file a claim, take action. Apply for unemployment benefits or explore other financial support programs. You can also report the employer and take legal steps if needed. Stay organized and respond promptly. Your efforts can lead to a fair outcome and protect your rights.