N.C. Gen. Stat. » Chapter 126
NC General Statutes

N.C. Gen. Stat. § 126-86 (2026)

Civil actions for injunctive relief or other remedies

✓ current as of July 2026
Find cases: SyfertCases citing this section NCLEGncleg.gov (official) JustiaChapter 126 CornellLII Search CasesGoogle Scholar

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.)

 

Notes of Decisions
Cited in 16 cases, 1995–2020 · leading case: Swain v. Elfland, 550 S.E.2d 530 (N.C. Ct. App. 2001).
Sort: Relevance Newest Treatment
Swain v. Elfland, 550 S.E.2d 530 (N.C. Ct. App. 2001). · cites it 4× “Plaintiff argues that N.C. Gen. Stat. § 126-86 (1999) expressly authorizes superior court jurisdiction over a state employee’s claim of retaliation for reports of governmental wrongs.”
Newberne v. Dept. of Crime Control, 618 S.E.2d 201 (N.C. 2005). · cites it 3× “" N.C.G.S. § 126-86 (2003). Second, the SPA provides that state employees may file a petition for a contested case hearing in the OAH for "[a]ny retaliatory personnel action that violates G.”
Brown v. N.C. Dep't of Pub. Saf., 808 S.E.2d 322 (N.C. Ct. App. 2017). · cites it 4× “" N.C. Gen. Stat. § 126-86 . A career State employee, however, is subject to Article 8, and therefore, must pursue a Whistleblower grievance by filing a contested case in the OAH "within 30 days of receipt of the final agency decision.”
Helm v. Appalachian State Univ., 670 S.E.2d 571 (N.C. Ct. App. 2008). · cites it 11× “§ 126-84 and thus is an adequate state law remedy for her exclusive emoluments clause claim. Finally, because her equal protection claim alleges discrimination based on activities protected by the Whistleblower Act, it is also precluded.”
Caudill v. Dellinger, 501 S.E.2d 99 (N.C. Ct. App. 1998). · cites it 4× “1997). Caudill served at the pleasure of the District Attorney and under his direct supervision.”
Davis v. Durham Mental Health Developmental Disabilities Substance Abuse Area Auth., 320 F. Supp. 2d 378 (M.D.N.C. 2004). · cites it 2× “” N.C. Gen. Stat. § 126-86 ; see also Hanton v.”
Newberne v. Dep't of Crime Control & Pub. Saf., 359 N.C. 782 (N.C. 2005). · cites it 3× “” N.C.G.S. § 126-86 (2003). Second, the SPA provides that state employees may file a petition for a contested case hearing in the OAH for “[a]ny retaliatory personnel action that violates G.”
Hunt v. N.C. Dep't of Pub. Saf., 830 S.E.2d 865 (N.C. Ct. App. 2019). · cites it 8× “02 (e) (emphasis added). At the same time the General Assembly enacted this statutory change, it made a significant contemporaneous change to the whistleblower law, amending N.”
Aune v. Univ. of North Carolina at Chapel Hill, 462 S.E.2d 678 (N.C. Ct. App. 1995). · cites it 3× “” N.C.G.S. § 126-86 (1993); Minneman v. Martin, 114 N.”
Demurry v. North Carolina Dep't of Corr., 673 S.E.2d 374 (N.C. Ct. App. 2009). · cites it 2× “126-85 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…”
Newberne v. Crime Control & Pub. Saf., 606 S.E.2d 742 (N.C. Ct. App. 2005). · cites it 8× “2d 832 (2001), our Court noted that there existed for a plaintiff two means of redress for violations of the Whistleblower statute: (1) N.C. Gen.Stat. § 126-86 which provides that "`[a]ny State employee injured by a violation of G.”
Brown v. Nc Dept. of Env't, 714 S.E.2d 154 (N.C. Ct. App. 2011). · cites it 2× “[2] In its brief, the State notes that N.C. Gen.Stat. § 126-86, which was held to provide an alternative judicial remedy at issue under the Whistleblower Act in Newberne, explicitly provided for a separate judicial remedy and that N.”
Show all 16 citing cases →
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.