North Carolina
North Carolina Whistleblower Laws: Protections and How to Report
Independently fact-checked against primary sources (last audited August 20, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 20, 2026. · 10 primary sources cited on this page. How we verify our legal content
North Carolina protects whistleblowers through two primary statutes: the Retaliatory Employment Discrimination Act under N.C. Gen. Stat. 95-241, which shields private sector workers who report wage, safety, and workers' compensation violations, and N.C. Gen. Stat. 126-85, which bars retaliation against state employees who report the fraud, waste, or dangers to public health that N.C. Gen. Stat. 126-84 directs them to report.
Overview of North Carolina Whistleblower Laws
North Carolina operates under the employment-at-will doctrine, which generally allows employers to terminate workers for any reason or no reason at all. However, the state has carved out important exceptions to protect employees who report illegal activity, government waste, or threats to public health and safety.
These protections come from two main sources: common law (court-created rules based on public policy) and statutory law (legislation passed by the North Carolina General Assembly). Together, they create a framework that shields whistleblowers from employer retaliation when they speak up about wrongdoing.
North Carolina's whistleblower protections apply across multiple contexts, from state government employees reporting misuse of public funds to private sector workers flagging workplace safety violations. Federal whistleblower laws also provide additional protections for North Carolina workers. For more information on those protections, see the Federal Whistleblower Laws page.
Who Is Protected Under North Carolina Whistleblower Laws
North Carolina's whistleblower protections cover several categories of workers depending on the specific statute involved.
State government employees are protected from retaliation by N.C. Gen. Stat. 126-85, the operative section of Article 14 (N.C. Gen. Stat. 126-84 through 126-88). Section 126-84 states the policy and the employee's duty to report; 126-85 is the provision that makes retaliation unlawful.
Under N.C. Gen. Stat. 126-5(c5), Article 14 applies to all state employees plus public school and community college employees. It does not reach city, county, or other local government employees. A municipal or county worker who reports fraud has to look instead to REDA, which defines a covered "person" to include a city, town, county, municipality, or local agency, or to the common law public policy exception.
Private sector employees are protected under the Retaliatory Employment Discrimination Act (REDA), codified at N.C. Gen. Stat. 95-240 through 95-245. REDA covers employees in both private and public workplaces who report violations of specific workplace laws.
Qui tam plaintiffs who file false claims lawsuits under the North Carolina False Claims Act (N.C. Gen. Stat. 1-607 through 1-618) are protected from employer retaliation. However, state employees cannot serve as qui tam relators if they obtained their knowledge during the course of government employment.
Additional protections extend to employees who report abuse of persons with disabilities, retirement system violations, hazardous substance exposure, and school-related sexual harassment.
Common Law Whistleblower Protections
North Carolina courts recognize a public policy exception to the at-will employment doctrine. Under this exception, an employer cannot fire a worker for reasons that violate clearly established public policy.
Courts determine whether an employee qualifies for this protection by examining constitutional provisions, existing statutes, and prior court decisions. In practice, North Carolina common law protects employees who engage in the following activities:
- Refusing to participate in illegal activities directed by an employer
- Cooperating with law enforcement investigations into criminal conduct
- Refusing to commit perjury or provide false testimony
- Refusing to work for wages below the legal minimum wage
Claims based on the public policy exception must generally be filed within three years of the retaliatory action under North Carolina's general statute of limitations.
Retaliatory Employment Discrimination Act (REDA)
The Retaliatory Employment Discrimination Act, found at N.C. Gen. Stat. 95-241, is one of the most widely used whistleblower protections in North Carolina. It prohibits any person from discriminating or retaliating against an employee for engaging in protected activities related to several specific workplace statutes.
Protected Activities Under REDA
REDA protects employees who, in good faith, take the following actions:
- File a claim, complaint, or proceeding under the Wage and Hour Act (N.C. Gen. Stat. 95-25.1)
- Report violations of the Occupational Safety and Health Act (N.C. Gen. Stat. 95-126)
- File a workers' compensation claim under the Workers' Compensation Act (N.C. Gen. Stat. 97-1)
- Report discrimination based on sickle cell trait or hemoglobin C trait (N.C. Gen. Stat. 95-28.1)
- Report discrimination based on genetic testing information (N.C. Gen. Stat. 95-28.1A)
- File a complaint under the Mine Safety and Health Act (N.C. Gen. Stat. 74-24.1)
- Exercise rights under juvenile justice laws or domestic violence protective order statutes
- Report violations related to National Guard employment rights
How to File a REDA Complaint
Employees must file a complaint with the North Carolina Department of Labor, Retaliatory Employment Discrimination Bureau (REDB) within 180 days of the retaliatory action. The REDB investigates the complaint and may attempt to resolve it through conciliation. The complaint is due within 180 days of the retaliation, so have a North Carolina employment lawyer review the REDB complaint in a free case evaluation (attorney advertising).
If the bureau cannot resolve the complaint, it may issue a right-to-sue letter. Employees may make a written request for this letter after 90 days from the date of filing, if the Commissioner has not issued a notice that conciliation failed and has not already filed suit on their behalf. Once the employee receives a right-to-sue letter, they have 90 days to file a lawsuit in the appropriate court.
The REDB can be reached at 1-800-625-2267 or through the NC Department of Labor website.
Remedies Under REDA
A court may award the following relief to an employee who prevails on a REDA claim:
- An injunction to stop the retaliatory conduct
- Reinstatement to the same or equivalent position
- Full restoration of fringe benefits and seniority rights
- Compensation for lost wages, lost benefits, and other economic losses
- Treble damages if the court finds the violation was willful
Protections for State Government Employees
North Carolina General Statute 126-84 through 126-88 provides specific whistleblower protections for state employees under the heading "Protection for Reporting Improper Government Activities."
What State Employees Can Report
No head of any state department, agency, or institution may discharge, threaten, or discriminate against a state employee for reporting or preparing to report, verbally or in writing, the following activities:
- Violations of state or federal law, rule, or regulation
- Fraud or misappropriation of state resources
- Gross mismanagement of public funds
- Substantial and specific dangers to public health and safety
State employees may also refuse to carry out directives that would result in a violation of law, rule, or regulation without fear of retaliation.
Protected Reporting Channels
State employees are protected when they report to any of the following:
- Their supervisor or any superior in the chain of command
- The North Carolina State Auditor (as authorized by N.C. Gen. Stat. 147-64.6B)
- The Joint Legislative Commission on Governmental Operations
- A legislative committee
Filing Deadlines and Remedies
Which deadline applies depends on whether the employee is subject to Article 8 of Chapter 126, the state grievance and appeals article. Career state employees are.
- Career state employees (subject to Article 8): complete the agency grievance procedure and the Office of State Human Resources review first, then file a contested case with the Office of Administrative Hearings. N.C. Gen. Stat. 126-34.02(a) requires that contested case to be filed within 30 days of receiving the final agency decision, and subsection (b)(6) lists a whistleblower grievance as a permitted ground. Subsection (e) gives the Office of Administrative Hearings the same remedies a court could award under N.C. Gen. Stat. 126-87.
- State employees not subject to Article 8: N.C. Gen. Stat. 126-86 lets these employees sue directly in superior court within one year of the violation.
Do not assume the one-year superior court deadline is yours. If you are a career state employee, the 30-day window to file with the Office of Administrative Hearings is the one that can be missed.
Available remedies include:
- Injunctive relief
- Monetary damages
- Reinstatement to the prior position
- Back pay with interest
- Restoration of fringe benefits and seniority rights
- Costs of litigation, including reasonable attorney's fees
North Carolina False Claims Act
The North Carolina False Claims Act (NCFCA), codified at N.C. Gen. Stat. 1-607 through 1-618, was enacted in 2009. It allows private citizens to file qui tam lawsuits on behalf of the state against individuals or entities that defraud state government programs, particularly Medicaid.
How Qui Tam Lawsuits Work
A whistleblower (called a "qui tam plaintiff" or "relator") files a complaint under seal in state court. The complaint remains sealed for at least 120 days while the North Carolina Attorney General reviews the evidence and decides whether to intervene.
If the Attorney General intervenes and the case succeeds, the whistleblower may receive 15% to 25% of the total recovery. If the whistleblower proceeds without government intervention and wins, the reward increases to 25% to 30% of the recovery.
Penalties for False Claims
Violators face treble damages (three times the amount the state lost) plus civil penalties. N.C. Gen. Stat. 1-607 sets a base range of $5,500 to $11,000 per false claim, but ties that figure to the federal Civil Penalties Inflation Adjustment Act of 1990, so the amount actually assessed is higher. As of the U.S. Department of Justice's 2025 inflation adjustment, the operative range is approximately $14,308 to $28,619 per false claim submitted.
Anti-Retaliation Protections
Any employee, contractor, or agent who suffers retaliation for participating in a false claims action is entitled to:
- Reinstatement with the same seniority status
- Two times the amount of back pay plus interest
- Compensation for special damages, including litigation costs and attorney's fees
Statute of Limitations
Qui tam complaints must be filed within six years of the fraudulent conduct, though this period may extend to ten years in certain circumstances.
Additional Statutory Protections
Persons With Disabilities Protection Act
Under N.C. Gen. Stat. 168A-10, employers may not retaliate against individuals who oppose discriminatory practices or testify in proceedings under the Persons With Disabilities Protection Act. Lawsuits must be filed within 180 days. Remedies include injunctive relief, hiring or reinstatement, and back pay (limited to two years from the filing date).
Retirement System Protections
Under N.C. Gen. Stat. 128-38.6, local employers participating in the state retirement system may not retaliate against employees who provide information about retirement law violations to the Retirement Systems Division or cooperate with division investigations. Remedies include reinstatement, double back pay with interest, and special damages including attorney's fees.
Toxic or Hazardous Substances
Under N.C. Gen. Stat. 95-196, employers may not retaliate against employees who assist in inspections, testify in proceedings, or exercise rights related to toxic or hazardous substance regulations.
Employment Security Act
Under N.C. Gen. Stat. 96-15.1, no person may threaten, discharge, or demote anyone for testifying or being summoned to testify in proceedings under the Employment Security Act (which governs unemployment insurance). Lawsuits must be filed within one year. Remedies include reasonable damages and reinstatement.
Sexual Harassment in Schools
Under N.C. Gen. Stat. 115C-335.5, local boards of education may not retaliate against employees who file complaints about sexual harassment by students or school personnel.
Federal Whistleblower Protections That Apply in North Carolina
North Carolina employees also benefit from several federal whistleblower statutes, including:
- Sarbanes-Oxley Act (SOX): Protects employees of publicly traded companies who report securities fraud
- False Claims Act (31 U.S.C. 3729-3733): Allows qui tam lawsuits against federal government contractors and grant recipients
- OSHA Section 11(c): Protects workers who report workplace safety violations to federal OSHA
- Dodd-Frank Act: Protects employees who report securities and financial fraud to the SEC
- Title VII of the Civil Rights Act: Protects employees from retaliation for filing discrimination complaints with the EEOC
For a full overview of federal protections, visit the Federal Whistleblower Laws page.
How to File a Whistleblower Complaint in North Carolina
The process for filing a whistleblower complaint depends on which law applies to your situation:
- REDA claims: File with the NC Department of Labor, REDB, within 180 days. Call 1-800-625-2267.
- State employee claims: Career state employees complete the agency grievance procedure and Office of State Human Resources review, then file a contested case with the Office of Administrative Hearings within 30 days of the final agency decision. State employees not subject to Article 8 of Chapter 126 file a lawsuit in superior court within one year.
- False Claims Act: File a qui tam complaint under seal in state court within six years.
- Discrimination claims: File with the EEOC or NC Human Relations Commission within 180 days.
In all cases, document the protected activity and any retaliatory actions thoroughly. Keep copies of written reports, emails, and any other evidence that supports your claim.
Statute of Limitations Summary
| Type of Claim | Filing Deadline | Where to File |
|---|---|---|
| REDA complaint | 180 days | NC Dept. of Labor (REDB) |
| State employee retaliation (career employee, subject to Article 8) | 30 days after the final agency decision | Office of Administrative Hearings |
| State employee retaliation (not subject to Article 8) | 1 year | Superior court |
| False Claims Act (qui tam) | 6 years (up to 10) | State court (under seal) |
| Public policy (common law) | 3 years | Superior court |
| Persons With Disabilities | 180 days | Superior court |
| Employment Security Act | 1 year | Appropriate court |
More North Carolina Laws
- North Carolina At-Will Employment Laws
- North Carolina Employee Monitoring Laws
- North Carolina Final Paycheck Laws
- North Carolina Workers Compensation Laws
Frequently Asked Questions
Does North Carolina have a whistleblower protection law for private sector employees?
Yes. The Retaliatory Employment Discrimination Act (REDA), found at N.C. Gen. Stat. 95-240 through 95-245, protects both public and private sector employees from retaliation for reporting violations of specific workplace laws, including the Wage and Hour Act, Occupational Safety and Health Act, and Workers' Compensation Act.
How long do I have to file a whistleblower retaliation complaint in North Carolina?
The deadline depends on the specific law. REDA complaints must be filed within 180 days with the NC Department of Labor. State employee deadlines split: a career state employee subject to Article 8 of Chapter 126 must complete the agency grievance procedure and Office of State Human Resources review and then file a contested case with the Office of Administrative Hearings within 30 days of the final agency decision, while a state employee not subject to Article 8 may sue in superior court within one year. False Claims Act qui tam suits must be filed within six years of the fraudulent conduct.
What remedies are available to North Carolina whistleblowers who face retaliation?
Remedies vary by statute but generally include reinstatement to your prior position, back pay, restoration of fringe benefits and seniority rights, attorney's fees, and litigation costs. Under REDA, willful violations may result in treble (triple) damages. Under the False Claims Act, retaliated employees can receive double back pay.
Can I receive a financial reward for reporting fraud against the state of North Carolina?
Yes. The North Carolina False Claims Act allows whistleblowers to file qui tam lawsuits and receive 15% to 25% of the recovery if the Attorney General intervenes, or 25% to 30% if the whistleblower prosecutes the case independently. This applies primarily to Medicaid fraud and other fraud against state programs.
Do I have to report wrongdoing to my employer before I am protected under North Carolina whistleblower law?
It depends on the statute. Under the state employee protection law (N.C. Gen. Stat. 126-85), employees are protected for reports made to supervisors, the State Auditor, or legislative bodies. REDA does not require internal reporting first. For the False Claims Act, you file directly with the court under seal.
Updates
Corrected the filing deadline for state employee whistleblower claims, which splits between a 30-day Office of Administrative Hearings contested case for career employees and a one-year superior court suit for employees outside Article 8; corrected the REDA right-to-sue waiting period to 90 days; credited N.C. Gen. Stat. 126-85 as the operative anti-retaliation section; and noted that Article 14 does not cover local government employees.
Updated North Carolina's False Claims Act penalty figure: N.C. Gen. Stat. 1-607 indexes its base $5,500 to $11,000 civil penalty to the federal inflation-adjustment schedule, and the currently operative range under DOJ's 2025 adjustment is approximately $14,308 to $28,619 per false claim, not the static base figures the page previously stated.
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Removed a fabricated sixth reportable category ("activities that violate the state constitution") from the G.S. 126-84 list of what state employees may report; the statute enumerates exactly five categories.
Governing law re-checked for recent changes
Reviewed and approved by an editor
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
North Carolina General Statutes, Chapter 126: North Carolina Human Resources Act.
§ 126-85Protection from retaliationIn force
(a) No head of any State department, agency, or institution or other State employee exercising supervisory authority shall discharge, threaten, or otherwise discriminate against a State employee regarding the State employee's compensation, terms, conditions, location, or privileges of employment because the State employee, or a person acting on behalf of the employee, reports or is about to report, verbally or in writing, any activity described in G.S. 126-84, unless the State employee knows or has reason to believe that the report is inaccurate. (a1) No State employee shall retaliate against another State employee because the employee, or a person acting on behalf of the employee, reports or is about to report, verbally or in writing, any activity described in G.S. 126-84.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at ncleg.gov
Cited in 27 court opinions in our collectionLatest citing opinion in our collection: 2019
Opinions citing this section in our collection:
- Newberne v. Department of Crime Control & Public Safety (Supreme Court of North Carolina 2005, 359 N.C. 782)“…has reason to believe that the report is inaccurate. N.C.G.S. § 126-85(a) (2003). This Court has not previou…”
- Swain v. Elfland (Court of Appeals of North Carolina 2001, 145 N.C. App. 383)“…uit on or about 2 December 1997 alleging: (1) violation of N.C. Gen. Stat. § 126-85 (1999), the “Whistleblower Act”; (2) w…”
- Kennedy v. Guilford Technical Community College (Court of Appeals of North Carolina 1994, 115 N.C. App. 581)“…ion on 16 April 1992, claiming retaliation in violation of N.C. Gen. Stat. § 126-85 by defendant-employer following her re…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 126-84Statement of policyIn force
(a) It is the policy of this State that State employees shall have a duty to report verbally or in writing to their supervisor, department head, or other appropriate authority, evidence of activity by a State agency or State employee constituting any of the following: (1) A violation of State or federal law, rule or regulation. (2) Fraud. (3) Misappropriation of State resources. (4) Substantial and specific danger to the public health and safety. (5) Gross mismanagement, a gross waste of monies, or gross abuse of authority. (b) Further, it is the policy of this State that State employees be free of intimidation or harassment when reporting to public bodies about matters of public concern, including offering testimony to or testifying before appropriate legislative panels, or providing statements or testimony to agents and employees of legislative panels duly appointed by the President Pro Tempore and/or the Speaker of the House designated to conduct inquiries on behalf of such legislative panels.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at ncleg.gov
Cited in 44 court opinions in our collectionLatest citing opinion in our collection: 2024
Opinions citing this section in our collection:
- Newberne v. Department of Crime Control & Public Safety (Supreme Court of North Carolina 2005, 359 N.C. 782)“…l in violation of the North Carolina Whistleblower Act, N.C.G.S. § 126-84 to -88. Defendants filed a motion to di…”
- Kennedy v. Guilford Technical Community College (Court of Appeals of North Carolina 1994, 115 N.C. App. 581)“…s brought under North Carolina’s “whistleblower” statutes, N.C. Gen. Stat. § 126-84 (1993), and N.C. Gen. Stat. § 126-85…”
- Demurry v. North Carolina Department of Corrections (Court of Appeals of North Carolina 2009, 195 N.C. App. 485)“…ation of North Carolina’s Whistleblower Act pursuant to N.C.G.S. §§ 126-84 through 126-88, and violation of 42 U.…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 126-34.02Grievance appeal process; groundsIn forcecited in 2 of our articles
(a) Once a final agency decision has been issued in accordance with G.S. 126-34.01, an applicant for State employment, a State employee, or former State employee may file a contested case in the Office of Administrative Hearings under Article 3 of Chapter 150B of the General Statutes. The contested case must be filed within 30 days of receipt of the final agency decision. Except for cases of extraordinary cause shown, the Office of Administrative Hearings shall hear and issue a final decision in accordance with G.S. 150B-34 within 180 days from the commencement of the case. In deciding cases under this section, the Office of Administrative Hearings may grant the following relief: (1) Reinstate any employee to the position from which the employee has been removed. (2) Order the employment, promotion, transfer, or salary adjustment of any individual to whom it has been wrongfully denied. (3) Direct other suitable action to correct the abuse which may include the requirement of payment for any loss of salary which has resulted from the improper action of the appointing authority.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at ncleg.gov
Cited in 28 court opinions in our collectionLatest citing opinion in our collection: 2024
Opinions citing this section in our collection:
- Harris v. N.C. Dep't of Pub. Safety (Court of Appeals of North Carolina 2017, 252 N.C. App. 94)“…rings "[o]nce a final agency decision has been issued[.]" N.C. Gen. Stat. § 126-34.02 (a) (2015). N.C. Gen. Stat. § 126-34…”
- Vincoli v. State (Court of Appeals of North Carolina 2016, 250 N.C. App. 269)“…n its order, the trial court declared that the enactment of N.C. Gen. Stat. § 126-34.02, a provision of the North Carolina Hum…”
- Swauger v. Univ. of N.C. at Charlotte (Court of Appeals of North Carolina 2018, 259 N.C. App. 727)“…procedures set forth in Sections 150B-22 through 150B-37. N.C. Gen. Stat. § 126-34.02(a) (2017). Since its amendment in 2013…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: North Carolina Workplace Harassment Laws: State and Federal Routes
§ 126-5Employees subject to Chapter; exemptionsIn force
(a) This Chapter applies to all of the following: (1) All State employees not exempted by this section. (2) All employees of the following local entities: a. Area mental health, developmental disabilities, and substance abuse authorities, except as otherwise provided in Chapter 122C of the General Statutes. b. Local social services departments. c. County health departments and district health departments. d. Local emergency management agencies that receive federal grant-in-aid funds. An employee of a consolidated county human services agency created pursuant to G.S. 153A-77(b) is not considered an employee of an entity listed in this subdivision. (3) County employees not included under subdivision (2) of this subsection as the several boards of county commissioners may from time to time determine. (b) The following definitions apply in this section: (1) Recodified as subdivision (b)(3a) of this section by Session Laws 2022-62, s. 58(a), effective July 8, 2022. (2) Exempt managerial position.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at ncleg.gov
Cited in 70 court opinions in our collectionLatest citing opinion in our collection: 2024
Opinions citing this section in our collection:
- Batten v. N.C. Department of Correction (Supreme Court of North Carolina 1990, 326 N.C. 338)“…al to the Personnel Commission, see, e.g., N.C.G.S. §§ 126-5(h), -36, -36.1, -36.2 (1989), an employ…”
- Cooper v. Berger (Supreme Court of North Carolina 2018, 370 N.C. 392)“…on Law 2017-6 was captioned AN ACT TO REPEAL G.S. 126-5(D)(2C), AS ENACTED BY S.L…”
- Hines v. Yates (Court of Appeals of North Carolina 2005, 171 N.C. App. 150)“…74 Cal.App.2d 184 , 344 P.2d 25 (1959)). Pursuant to N.C. Gen.Stat. § 126-5(c1)(2) (2003), a plaintiff, as an "[o]f…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 126-86Civil actions for injunctive relief or other remediesIn force
Any State employee injured by a violation of G.S. 126-85 who is not subject to Article 8 of this Chapter may maintain an action in superior court for damages, an injunction, or other remedies provided in this Article against the person or agency who committed the violation within one year after the occurrence of the alleged violation of this Article; provided, however, any claim arising under Article 21 of Chapter 95 of the General Statutes may be maintained pursuant to the provisions of that Article only and may be redressed only by the remedies and relief available under that Article. (1989, c. 236, s. 1; 1991 (Reg. Sess., 1992), c. 1021, s. 6; 2013-382, s. 7.10.)
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at ncleg.gov
Cited in 15 court opinions in our collectionLatest citing opinion in our collection: 2019
Opinions citing this section in our collection:
- Swain v. Elfland (Court of Appeals of North Carolina 2001, 145 N.C. App. 383)“…exhaust his administrative remedies. Plaintiff argues that N.C. Gen. Stat. § 126-86 (1999) expressly authorizes superior c…”
- Newberne v. Crime Control and Public Safety (Court of Appeals of North Carolina 2005, 168 N.C. App. 87)“…f redress for violations of the Whistleblower statute: (1) N.C. Gen. Stat. § 126-86 which provides that “ ‘[a]ny State emp…”
- Helm v. APPALACHIAN STATE UNIVERSITY (Court of Appeals of North Carolina 2008, 194 N.C. App. 239)“…50 S.E.2d 530, 536 (2001). Here, plaintiff’s claim under N.C. Gen. Stat. § 126-86 is an adequate state law remedy for he…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
North Carolina General Statutes, Chapter 95: Department of Labor and Labor Regulations.
§ 95-241Discrimination prohibitedIn forcecited in 4 of our articles
(a) No person shall discriminate or take any retaliatory action against an employee because the employee in good faith does or threatens to do any of the following: (1) File a claim or complaint, initiate any inquiry, investigation, inspection, proceeding or other action, or testify or provide information to any person with respect to any of the following: a. Chapter 97 of the General Statutes. b. Article 2A or Article 16 of this Chapter. c. Article 2A of Chapter 74 of the General Statutes. d. G.S. 95-28.1. e. Article 16 of Chapter 127A of the General Statutes. f. G.S. 95-28.1A. g. Article 52 of Chapter 143 of the General Statutes. h. Article 5F of Chapter 90 of the General Statutes. (2) Cause any of the activities listed in subdivision (1) of this subsection to be initiated on an employee's behalf. (3) Exercise any right on behalf of the employee or any other employee afforded by Article 2A or Article 16 of this Chapter, by Article 2A of Chapter 74 of the General Statutes, or by Article 52 of Chapter 143 of the General Statutes. (4) Comply with the provisions of Article 27 of Chapter 7B of the General Statutes. (5) Exercise rights under Chapter 50B.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at ncleg.gov
Cited in 67 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Pierce v. Atlantic Group, Inc. (Court of Appeals of North Carolina 2012, 219 N.C. App. 19)“…ory Employment Discrimination Act (“REDA”). We disagree. N.C. Gen. Stat. § 95-241 (a) (2011) provides that “[n]o person s…”
- Wiley v. United Parcel Service, Inc. (Court of Appeals of North Carolina 2004, 164 N.C. App. 183)“…245 (2003). Plaintiff alleged that defendant had violated N.C. Gen. Stat. § 95-241 (a)(la) by refusing to return him to wo…”
- Fatta v. M & M Properties Management, Inc. (Court of Appeals of North Carolina 2012, 221 N.C. App. 369)“…the General Statutes [(Workers’ Compensation Act)]. N.C. Gen. Stat. § 95-241 (a)(l)(a) (2011) (emphasis added). “[A]…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: North Carolina At-Will Employment Laws: Exceptions and Your Rights, North Carolina Minimum Wage 2026: $7.25 Per Hour Explained, North Carolina Workers' Compensation Laws: Benefits, Deadlines, and Your Rights
§ 95-196Employee rightsIn force
No employer shall discharge, or cause to be discharged, or otherwise discipline or in any manner discriminate against an employee at the facility because the employee has assisted the Commissioner of Labor or his representative or the Fire Chief or his representative who may make or is making an inspection under G.S. 95-194(c) or G.S. 95-195(b), or has testified or is about to testify in any proceeding under this Article, or has used the provisions of G.S. 95-208.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at ncleg.gov
§ 95-126Short title and legislative purposeIn force
(a) This Article shall be known as the "Occupational Safety and Health Act of North Carolina" and also may be referred to by abbreviations as "OSHANC." (b) Legislative findings and purpose: (1) The General Assembly finds that the burden of employers and employees of this State resulting from personal injuries and illnesses arising out of work situations is substantial; that the prevention of these injuries and illnesses is an important objective of the government of this State; that the greatest hope of attaining this objective lies in programs of research, education and enforcement, and in the earnest cooperation of the federal and State governments, employers and employees. (2) The General Assembly of North Carolina declares it to be its purpose and policy through the exercise of its powers to ensure so far as possible every working man and woman in the State of North Carolina safe and healthful working conditions and to preserve our human resources: a.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at ncleg.gov
Cited in 15 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- Pierce v. Atlantic Group, Inc. (Court of Appeals of North Carolina 2012, 219 N.C. App. 19)“…as wrongfully discharged in violation of public policy and N.C. Gen. Stat. § 95-126 , et seq., which governs the occupati…”
- Commissioner of Labor v. Weekley Homes, L.P. (Court of Appeals of North Carolina 2005, 169 N.C. App. 17)“…pational Safety and Health Act of North Carolina (OSHANC). N.C. Gen. Stat. § 95-126 et. seq. (2003). Pursuant…”
- Hogan v. Forsyth Country Club Co. (Court of Appeals of North Carolina 1986, 79 N.C. App. 483)“…that his discharge violated public policy as promulgated in G.S. 95-126, the Occupational Safety and Health Act…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 95-240DefinitionsIn force
The following definitions apply in this Article: (1) "Person" means any individual, partnership, association, corporation, business trust, legal representative, the State, a city, town, county, municipality, local agency, or other entity of government. (2) "Retaliatory action" means the discharge, suspension, demotion, retaliatory relocation of an employee, or other adverse employment action taken against an employee in the terms, conditions, privileges, and benefits of employment. (1991 (Reg. Sess., 1992), c. 1021, s. 1.)
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at ncleg.gov
Cited in 48 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- Pierce v. Atlantic Group, Inc. (Court of Appeals of North Carolina 2012, 219 N.C. App. 19)“…erms, conditions, privileges, and benefits of employment.” N.C. Gen. Stat. § 95-240 (2) (2011). “If plaintiff presents a pr…”
- Johnson v. Trustees of Durham Technical Community College (Court of Appeals of North Carolina 2000, 139 N.C. App. 676)“…t an employee who has filed a workers’ compensation claim. N.C. Gen. Stat. § 95-240 , et. seq. (1999). In pert…”
- Wiley v. United Parcel Service, Inc. (Court of Appeals of North Carolina 2004, 164 N.C. App. 183)“…Carolina Retaliatory Employment Discrimination Act (REDA). N.C. Gen. Stat. §§ 95-240 to -245 (2003). Plaintiff alleged that…”
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§ 95-242Complaint; investigation; conciliationIn forcecited in 3 of our articles
(a) An employee allegedly aggrieved by a violation of G.S. 95-241 may file a written complaint with the Commissioner of Labor alleging the violation. The complaint shall be filed within 180 days of the alleged violation. Within 20 days following receipt of the complaint, the Commissioner shall forward a copy of the complaint to the person alleged to have committed the violation and shall initiate an investigation. If the Commissioner determines after the investigation that there is not reasonable cause to believe that the allegation is true, the Commissioner shall dismiss the complaint, promptly notify the employee and the respondent, and issue a right-to-sue letter to the employee that will enable the employee to bring a civil action pursuant to G.S. 95-243. If the Commissioner determines after investigation that there is reasonable cause to believe that the allegation is true, the Commissioner shall attempt to eliminate the alleged violation by informal methods which may consist of conference, conciliation, and persuasion. The Commissioner shall make a determination as soon as possible and, in any event, not later than 90 days after the filing of the complaint.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at ncleg.gov
Cited in 16 court opinions in our collectionLatest citing opinion in our collection: 2024
Opinions citing this section in our collection:
- Brackett v. SGL Carbon Corp. (Court of Appeals of North Carolina 2003, 158 N.C. App. 252)“…573 S.E.2d 596, 598 (2002) (citations omitted). G.S. § 95-242, a provision of REDA, states in pertine…”
- Skinner v. Quintiles Transnational Corp. (Court of Appeals of North Carolina 2004, 167 N.C. App. 478)“…na Labor] Commissioner." N.C. Gen.Stat. § 95-243(e) (2003). N.C. Gen.Stat. § 95-242(a) (2003) requires the Commissioner of…”
- White v. Cochran (Court of Appeals of North Carolina 2013, 229 N.C. App. 183)“…nty and the Swain County Sheriff’s Department, pursuant to N.C. Gen. Stat. § 95-242 authorizing her to initiate civil liti…”
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§ 95-25.1Short title and legislative purpose; local governments preemptedIn forcecited in 2 of our articles
(a) This Article shall be known and may be cited as the "Wage and Hour Act." (b) The public policy of this State is declared as follows: The wage levels of employees, hours of labor, payment of earned wages, and the well-being of minors are subjects of concern requiring legislation to promote the general welfare of the people of the State without jeopardizing the competitive position of North Carolina business and industry. The General Assembly declares that the general welfare of the State requires the enactment of this law under the police power of the State. (c) Repealed by Session Laws 2017-4, s. 1, effective March 30, 2017. (d) The provisions of this Article supersede and preempt any ordinance, regulation, resolution, or policy adopted or imposed by a unit of local government or other political subdivision of the State that regulates or imposes any requirement upon an employer pertaining to compensation of employees, such as the wage levels of employees, hours of labor, payment of earned wages, benefits, leave, or well-being of minors in the workforce.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at ncleg.gov
Cited in 112 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Sawyer v. Market America, Inc. (Court of Appeals of North Carolina 2008, 190 N.C. App. 791)“…and for violation of the North Carolina Wage and Hour Act, N.C. Gen. Stat. § 95-25.1 (2007), et seq. In April…”
- Panos v. Timco Engine Center, Inc. (Court of Appeals of North Carolina 2009, 197 N.C. App. 510)“…alleged violation of the North Carolina Wage and Hour Act, N.C. Gen. Stat. § 95-25.1 , Plaintiff filed a complaint against D…”
- Hyman v. Efficiency, Inc. (Court of Appeals of North Carolina 2004, 167 N.C. App. 134)“…ons of the North Carolina Wage and Hour Act (“the NCWHA”), N.C. Gen. Stat. § 95-25.1 et seq. We affirm.…”
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North Carolina General Statutes, Chapter 168A: Persons With Disabilities Protection Act.
§ 168A-10Retaliation prohibitedIn force
(a) No employer shall discharge, expel, refuse to hire, or otherwise discriminate against any person or applicant for employment, nor shall any employment agency discriminate against any person, nor shall a labor organization discriminate against any member or applicant for membership because the person has opposed any practice made a discriminatory practice by this Chapter or because the person has testified, assisted or participated in any manner in proceedings under this Chapter. (b) No entity or person covered under this Chapter shall retaliate against or coerce, intimidate, threaten, or interfere with a person who exercises rights under this Chapter or assists a person in exercising the person's rights under this Chapter.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at ncleg.gov
Cited in 2 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- Jarrell v. Town of Topsail Beach (Court of Appeals of North Carolina 1992, 105 N.C. App. 331)“…ough 168A-8, or a person aggrieved by conduct prohibited by G.S. 168A-10, may bring a civil action to enforce ri…”
- RUMLEY v. CITY OF GRAHAM (District Court, M.D. North Carolina 2025)“…discriminatory practice by th[e NCPDPA] . . . .” N.C. Gen. Stat. § 168A-10(a). Furthermore, the NCPDPA makes “[i]…”
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North Carolina General Statutes, Chapter 96: Employment Security.
§ 96-15.1Protection of witnesses from discharge, demotion, or intimidationIn force
(a) No person may discharge, demote, or threaten any person because that person has testified or has been summoned to testify in any proceeding under the Employment Security Act. (b) Any person who violates the provisions of this section shall be liable in a civil action for reasonable damages suffered by any person as a result of the violation, and an employee discharged or demoted in violation of this section shall be entitled to be reinstated to his former position. The burden of proof shall be upon the party claiming a violation to prove a claim under this section. (c) The General Court of Justice shall have jurisdiction over actions under this section. (d) The statute of limitations for actions under this section shall be one year pursuant to G.S. 1-54.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at ncleg.gov
Cited in 3 court opinions in our collectionLatest citing opinion in our collection: 1989
Opinions citing this section in our collection:
- Coman v. Thomas Manufacturing Co. (Supreme Court of North Carolina 1989, 325 N.C. 172)“…ute is liable to the aggrieved party in a civil action. N.C.G.S. § 96-15.1 (1988). These are the specific instance…”
- Williams v. Hillhaven Corp. (Court of Appeals of North Carolina 1988, 91 N.C. App. 35)“…ion for an identical claim to the case before us. Under N.C.G.S. § 96-15.1: (a) No person may discharge, de…”
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North Carolina General Statutes, Chapter 115C: Elementary and Secondary Education.
§ 115C-335.5Policies addressing harassment of school employees; protection against retaliation for reporting harassmentIn force
(a) Each local board of education may adopt a policy addressing the sexual harassment of local board employees by students, other local board employees, or school board members. The policy may, at a minimum, set out (i) the consequences of sexually harassing school employees and (ii) a procedure for reporting incidents of sexual harassment. (b) No local board of education or employee of a local board shall discharge, threaten, or otherwise retaliate against another employee of the board regarding that employee's compensation, terms, conditions, location, or privileges of employment because the employee files a written complaint alleging sexual harassment by students, other local board employees, or school board members, unless the employee reporting the harassment knew or should have known the report was false.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at ncleg.gov
Cited in 1 court opinions in our collectionLatest citing opinion in our collection: 2004
Opinions citing this section in our collection:
- Whitt v. Harris Teeter, Inc. (Court of Appeals of North Carolina 2004, 165 N.C. App. 32)“…elsewhere. See, e.g., N.C. Gen.Stat. § 143-422.2 (above); N.C. Gen.Stat. § 115C-335.5 (2003) (prohibiting retaliation by any…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
North Carolina General Statutes, Chapter 128: Offices and Public Officers.
§ 128-38.6Employee protection and remedies against unlawful retaliation for furnishing information to the Retirement Systems DivisionIn force
(a) In the absence of fraud or malice, no person who furnishes information to the staff of the Retirement Systems Division relating to the investigation of possible violations of retirement law shall be liable for damages in a civil action for any oral or written statement made or any other action that is necessary to supply such information to the Division. (b) Any employee of a participating local employer who is discharged, demoted, suspended, threatened, harassed, or in any other manner discriminated against in the terms and conditions of employment by the employee's employer because of lawful acts done by the employee in furtherance of the Retirement Systems Division's receipt of information concerning possible violations of retirement law, including cooperation with the Division's investigation of possible violations, shall be entitled to all relief necessary to make the employee whole.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at ncleg.gov
North Carolina General Statutes, Chapter 1: Civil Procedure.
§ 1-607False claims; acts subjecting persons to liability for treble damages; costs and civil penalties; exceptionsIn force
(a) Liability. - Any person who commits any of the following acts shall be liable to the State for three times the amount of damages that the State sustains because of the act of that person. A person who commits any of the following acts also shall be liable to the State for the costs of a civil action brought to recover any of those penalties or damages and shall be liable to the State for a civil penalty of not less than five thousand five hundred dollars ($5,500) and not more than eleven thousand dollars ($11,000), as may be adjusted by Section 5 of the Federal Civil Penalties Inflation Adjustment Act of 1990, P.L. 101-410, as amended, for each violation: (1) Knowingly presents or causes to be presented a false or fraudulent claim for payment or approval. (2) Knowingly makes, uses, or causes to be made or used, a false record or statement material to a false or fraudulent claim. (3) Conspires to commit a violation of subdivision (1), (2), (4), (5), (6), or (7) of this section. (4) Has possession, custody, or control of property or money used or to be used by the State and knowingly delivers or causes to be delivered less than all of that money or property.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at ncleg.gov
Cited in 10 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- State v. Kinston Charter Acad. (Supreme Court of North Carolina 2021)“…th Carolina charter schools are “persons” as defined in N.C.G.S. § 1-607 (2019); that the State properly pled cl…”
- State of NC v. Kinston Charter Acad. (Court of Appeals of North Carolina 2019)“…hat the State sustains because of the act of that person.” N.C. Gen. Stat. § 1-607(a) (2017). The NCFCA was enacted “to d…”
- Expert Discovery (Court of Appeals of North Carolina 2022)“…State sustains because of the act of that person.” N.C. Gen. Stat. § 1-607(a)(1)-(2) (2014). ¶ 23…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Sources and References
- N.C. Gen. Stat. 95-241 - Retaliatory Employment Discrimination Act(ncleg.gov).gov
- N.C. Gen. Stat. 126-85 - Protection for Reporting Improper Government Activities(ncleg.gov).gov
- N.C. Gen. Stat. 126-84 - Statement of Policy on Whistleblower Protection(ncleg.gov).gov
- North Carolina False Claims Act (N.C. Gen. Stat. 1-607 through 1-618)(ncleg.net).gov
- NC Department of Labor - Retaliatory Employment Discrimination Bureau(labor.nc.gov).gov
- N.C. Gen. Stat. 168A-10 - Persons With Disabilities Protection Act(ncleg.gov).gov
- N.C. Gen. Stat. 128-38.6 - Retirement System Whistleblower Protections(ncleg.gov).gov
- N.C. Gen. Stat. 95-196 - Toxic or Hazardous Substances Protections(ncleg.gov).gov
- N.C. Gen. Stat. 96-15.1 - Employment Security Act Protections(ncleg.gov).gov
- N.C. Gen. Stat. 115C-335.5 - Sexual Harassment in Schools(ncleg.gov).gov
- N.C. Gen. Stat. 126-86 - Civil actions for injunctive relief or other remedies(ncleg.gov)
- N.C. Gen. Stat. 126-34.02 - Grievance appeal process; grounds(ncleg.gov)
- N.C. Gen. Stat. 126-5 - Employees subject to Chapter; exemptions(ncleg.gov)
- N.C. Gen. Stat. 95-242 - Complaint; investigation; conciliation(ncleg.gov)
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