(a) An employee who has been issued a right-to-sue letter or the Commissioner of Labor may commence a civil action in the superior court of the county where the violation occurred, where the complainant resides, or where the respondent resides or has his principal place of business.
(b) A civil action under this section shall be commenced by an employee within 90 days of the date upon which the right-to-sue letter was issued or by the Commissioner within 90 days of the date on which the Commissioner notifies the parties in writing that conciliation efforts have failed.
(c) The employee or the Commissioner may seek and the court may award any or all of the following types of relief:
(1) An injunction to enjoin continued violation of this Article.
(2) Reinstatement of the employee to the same position held before the retaliatory action or discrimination or to an equivalent position.
(3) Reinstatement of full fringe benefits and seniority rights.
(4) Compensation for lost wages, lost benefits, and other economic losses that were proximately caused by the retaliatory action or discrimination.
If in an action under this Article the court finds that the employee was injured by a willful violation of G.S. 95-241, the court shall treble the amount awarded under subdivision (4) of this subsection.
The court may award to the plaintiff and assess against the defendant the reasonable costs and expenses, including attorneys' fees, of the plaintiff in bringing an action pursuant to this section. If the court determines that the plaintiff's action is frivolous, it may award to the defendant and assess against the plaintiff the reasonable costs and expenses, including attorneys' fees, of the defendant in defending the action brought pursuant to this section.
(d) Parties to a civil action brought pursuant to this section shall have the right to a jury trial as provided under G.S. 1A-1, Rules of Civil Procedure.
(e) An employee may only bring an action under this section when he has been issued a right-to-sue letter by the Commissioner. (1991 (Reg. Sess., 1992), c. 1021, s. 1.)
Notes of Decisions
Harris v. Blue Ridge Health Servs., Inc., 388 F. Supp. 3d 633 (M.D.N.C. 2019).
· cites it 7× “N.C. Gen. Stat. § 95-243 (c)(4). 4 REDA also provides that "[t]he court may award to the plaintiff and assess against the defendant the reasonable costs and expenses, including attorneys' fees, of the plaintiff in bringing an action pursuant to this section.”
Morris v. Scenera Rsch., LLC, 788 S.E.2d 154 (N.C. 2016).
· cites it 6× “The REDA provides that if “the court finds that the employee was injured by a willful violation of [the section prohibiting discriminatory or retaliatory action by an employer], the court shall treble the amount awarded.”
Brackett v. SGL Carbon Corp., 580 S.E.2d 757 (N.C. Ct. App. 2003).
· cites it 6× “may commence a civil action in the superior court.... *257 (b) A civil action under this section shall be commenced by an employee within 90 days of the date upon which the right-to-sue letter was issued.”
Morris v. Scenera Rsch., LLC, 747 S.E.2d 362 (N.C. Ct. App. 2013).
· cites it 10× “N.C. Gen. Stat. § 95-243 (2011). Morris asserts that the business court erred in declining to treble his $390,000 jury award under REDA because the jury rejected Defendants’ alternative contentions that Morris had “effectively resigned” or that Defendants would have terminated…”
White v. Cochran, 716 S.E.2d 420 (N.C. Ct. App. 2011).
· cites it 9× “” On 6 January 2010, Sheriff Cochran filed an amended answer asking the court to award him reasonable costs and expenses, including attorneys’ fees, under N.C. Gen. Stat. § 95-243 (c) (2009). On or about 28 April 2010, Sheriff Cochran filed a motion for judgment on the pleadings…”
Johnson v. North Carolina, 905 F. Supp. 2d 712 (W.D.N.C. 2012).
· cites it 4× “If, after investigation of the alleged violation, the Commissioner determines there is not “reasonable cause to believe 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…”
Comm'r of Labor of North Car. v. Dillard's, 83 F. Supp. 2d 622 (M.D.N.C. 2000).
· cites it 11× “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…”
Whitings v. Wolfson Casing Corp., 618 S.E.2d 750 (N.C. Ct. App. 2005).
· cites it 2× “See N.C. Gen. Stat. § 95-243 (2003) (“A civil action under this section shall be commenced by an employee within 90 days of the date upon which the right-to-sue letter was issued .”
Telesca v. Sas Inst. Inc., 516 S.E.2d 397 (N.C. Ct. App. 1999).
· cites it 5× “” N.C.G.S. § 95-243(b) (1993). A civil action can be commenced either by: (1) “filing a complaint with the court”; or (2) the issuance of a summons when a person makes an “application to the court.”
Smith v. Comput. Task Grp., Inc., 568 F. Supp. 2d 603 (M.D.N.C. 2008).
· cites it 2× “8 N.C. Gen.Stat. § 95-243(e). Moreover, in its Answer, CTG acknowledges that the alleged REDA violation is a central component of the Complaint.”
Lunsford v. Cemex, Inc., 733 F. Supp. 2d 652 (M.D.N.C. 2010).
· cites it 3× “§ 95-243. In its motion to remove, Cemex attached an affidavit from Randy Shope (“Shope”), its Human Resources Coordinator.”
— N.C. Gen. Stat. § 95-243(4) — 1 case
— N.C. Gen. Stat. § 95-243(a) — 3 cases
Johnson v. North Carolina, 905 F. Supp. 2d 712 (W.D.N.C. 2012).
“If, after investigation of the alleged violation, the Commissioner determines there is not “reasonable cause to believe 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…”
— N.C. Gen. Stat. § 95-243(b) — 3 cases
Johnson v. North Carolina, 905 F. Supp. 2d 712 (W.D.N.C. 2012).
“If, after investigation of the alleged violation, the Commissioner determines there is not “reasonable cause to believe 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…”
Telesca v. Sas Inst. Inc., 516 S.E.2d 397 (N.C. Ct. App. 1999).
“” N.C.G.S. § 95-243(b) (1993). A civil action can be commenced either by: (1) “filing a complaint with the court”; or (2) the issuance of a summons when a person makes an “application to the court.”
— N.C. Gen. Stat. § 95-243(c) — 8 cases
Morris v. Scenera Rsch., LLC, 788 S.E.2d 154 (N.C. 2016).
“The REDA provides that if “the court finds that the employee was injured by a willful violation of [the section prohibiting discriminatory or retaliatory action by an employer], the court shall treble the amount awarded.”
Harris v. Blue Ridge Health Servs., Inc., 388 F. Supp. 3d 633 (M.D.N.C. 2019).
“N.C. Gen. Stat. § 95-243 (c)(4). 4 REDA also provides that "[t]he court may award to the plaintiff and assess against the defendant the reasonable costs and expenses, including attorneys' fees, of the plaintiff in bringing an action pursuant to this section.”
Lunsford v. Cemex, Inc., 733 F. Supp. 2d 652 (M.D.N.C. 2010).
“§ 95-243. In its motion to remove, Cemex attached an affidavit from Randy Shope (“Shope”), its Human Resources Coordinator.”
Comm'r of Labor of North Car. v. Dillard's, 83 F. Supp. 2d 622 (M.D.N.C. 2000).
“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…”
— N.C. Gen. Stat. § 95-243(c)(4) — 1 case
— N.C. Gen. Stat. § 95-243(e) — 5 cases
Smith v. Comput. Task Grp., Inc., 568 F. Supp. 2d 603 (M.D.N.C. 2008).
“8 N.C. Gen.Stat. § 95-243(e). Moreover, in its Answer, CTG acknowledges that the alleged REDA violation is a central component of the Complaint.”
Comm'r of Labor of North Car. v. Dillard's, 83 F. Supp. 2d 622 (M.D.N.C. 2000).
“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…”
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.