NC General Statutes

N.C. Gen. Stat. § 126-87 (2026)

Remedies

✓ current as of July 2026

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A court, in rendering a judgment in an action brought pursuant to this Article, may order an injunction, damages, reinstatement of the employee, the payment of back wages, full reinstatement of fringe benefits and seniority rights, costs, reasonable attorney's fees or any combination of these. If an application for a permanent injunction is granted, the employee shall be awarded costs and reasonable attorney's fees. If in an action for damages the court finds that the employee was injured by a willful violation of G.S. 126-85, the court shall award as damages three times the amount of actual damages plus costs and reasonable attorney's fees against the individual or individuals found to be in violation of G.S. 126-84. (1989, c. 236, s.1)

§ 126-88. Notice of employee protections and obligations.

It shall be the duty of an employer of a State employee to post notice in accordance with G.S. 95-9 or use other appropriate means to keep his employees informed of their protections and obligations under this Article. (1989, c. 236, s. 1.)

§ 126-89: Reserved for future codification purposes.

Article 15.

Communications With Members of the General Assembly.

Notes of Decisions

Cited in 4 cases, 1994–2020 · leading case: Hunt v. N.C. Dep't of Pub. Saf., 830 S.E.2d 865 (N.C. Ct. App. 2019).

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Hunt v. N.C. Dep't of Pub. Saf., 830 S.E.2d 865 (N.C. Ct. App. 2019). · cites it 8× “If the employee brought the action in the OAH, the employee would not be able to seek recovery of the remedies in N.C. Gen. Stat. § 126-87 , which include treble damages and injunctive relief; whereas, the superior court was authorized, pursuant to N.”

Minneman v. Martin, 442 S.E.2d 564 (N.C. Ct. App. 1994). · cites it 2× “N.C. Gen. Stat. § 126-87 (1993). The Whistleblower Act, in providing for specific remedies, represents a clear statutory waiver of sovereign immunity to redress violations of the nature proscribed in G.”

Yili Tseng v. Martin, 786 S.E.2d 433 (N.C. Ct. App. 2016). · cites it 2× “" N.C. Gen.Stat. § 126-87 (2015). Since the State does not specifically waive its sovereign immunity to allow punitive damages under the statute, the trial court correctly dismissed the claim.”

Mitchell v. Winston Salem State Univ. (M.D.N.C. 2020). · cites it 2× “) Claim Four alleges retaliation in violation of N.C. Gen. Stat. § 126-87 against all Defendants.”

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