Understanding REDA: Your Protection Against Employer Retaliation
North Carolina is an “at-will” employment state, meaning employers can generally terminate employees for any reason or no reason at all. However, retaliation for exercising your legal rights is a major exception to this rule.
The Retaliatory Employment Discrimination Act (REDA) specifically names the North Carolina Workers’ Compensation Act as a protected activity.
What Qualifies as Employer Retaliation?
REDA prohibits employers from taking any “retaliatory action” because an employee filed a claim, expressed intent to file, or testified in a workers’ comp proceeding. Illegal retaliatory actions include:
Discharge / Firing: Terminating your employment.
Suspension: Forcing you into unpaid administrative leave.
Demotion: Stripping you of your job title or responsibilities.
Wage Reduction: Cutting your hourly rate or salary.
Retaliatory Relocation: Transferring you to an undesirable work location or shift purely as punishment.
How to File a REDA Complaint If Your Employer Retaliates
If your employer fires or penalizes you for seeking workers’ comp benefits, you have legal recourse through the North Carolina Department of Labor (NCDOL).
Step-by-Step REDA Complaint Process
Contact the REDB: Call the Employment Discrimination Bureau (REDB) Information Officer at the NCDOL to report the situation.
Submit the Written Complaint: Fill out, sign, and submit the official REDB complaint form describing the retaliatory actions.
Observe the 180-Day Deadline: You must file your completed complaint within 180 days of the last retaliatory act.
"Merit" vs. "No Merit" Decisions
After investigating, the REDB will issue one of two findings:
“No Merit” Finding: If the bureau finds insufficient evidence of retaliation, they will issue a “Right-to-Sue” letter. You then have 90 days to file a private civil lawsuit in Superior Court.
“Merit” Finding: If the REDB agrees that retaliation occurred, the Department of Labor will attempt to conciliate with the employer. If conciliation fails, the Labor Commissioner or your attorney can file a civil lawsuit on your behalf.
Available Remedies for Retaliation
If your REDA lawsuit is successful, a court can order the employer to provide:
Full reinstatement to your former position (or an equivalent role)
Reinstatement of full seniority, benefits, and back pay
Compensation for lost wages and economic losses
Treble (Triple) Damages: If the judge finds the employer willfully violated REDA, the economic compensation awarded to you can be tripled, and the employer may be forced to pay your attorney fees.
Returning to Work: What is "Suitable Employment" in North Carolina?
When recovering from a workplace injury, your doctor may release you to return to work with physical restrictions (e.g., no lifting over 10 lbs, sit-stand options, or reduced hours).
Under North Carolina law (N.C.G.S. § 97-2(22)), the legal definition of “suitable employment” changes depending on whether you have reached Maximum Medical Improvement (MMI).
What is MMI? Maximum Medical Improvement (MMI) means your healing has “plateaued.” While you may still require medications, therapy, or future procedures, your treating physician determines that your condition is as good as it is going to get, allowing them to assign permanent physical restrictions.
Suitable Employment BEFORE Reaching MMI
Before you reach MMI, “suitable employment” is broadly defined as any position offered by your employer that fits within your treating doctor’s physical restrictions.
“Make Work” Allowed: Employers are permitted to create temporary, artificial tasks (like sitting at a desk monitoring monitors or sorting paper clips) purely to bring you back on the payroll.
Temporary Partial Disability (TPD): If the temporary light-duty job pays less than your pre-injury average weekly wage, workers’ comp must pay you TPD benefits (typically two-thirds of the wage difference) to help make up the shortfall.
Suitable Employment AFTER Reaching MMI
Once your doctor declares you have reached MMI and assigns permanent restrictions, the rules change completely. Your employer can no longer park you in a “made-up” job. To be legally considered “suitable,” the job must meet four strict criteria:
Geographic Proximity: Located within 50 miles of your home residence.
Medical Compliance: Safely performable under permanent doctor restrictions.
Unrelated Health Conditions: Reasonable in light of non-work health conditions (e.g., hearing loss, diabetes).
Vocational Suitability: Reasonable given your education, work history, and skill level.
If your employer cannot provide a genuine, permanent position meeting all four criteria, you remain entitled to ongoing disability payments under the Workers’ Compensation Act.
Can You Quit Your Job After a Work Injury and Still Get Workers' Comp?
If you are dealing with a difficult employer, slow medical approvals, or toxic working conditions, you might be tempted to resign. While you can legally quit, doing so can severely harm your financial recovery.
A workers’ compensation claim consists of two distinct components:
Medical Benefits (Usually Unaffected)
Quitting your job generally does not end your right to necessary medical treatment paid for by the workers’ comp insurance company, provided your new employment does not aggravate your original injury.
Weekly Disability Checks / Indemnity (Severely Affected)
Your weekly disability checks (which equal two-thirds of your pre-injury average weekly wage, tax-free) compensate you for lost earning capacity. Resigning can destroy these payments:
Taking a Lower-Paying Job: If you quit and take a less physical, lower-paying job elsewhere, your weekly wage replacement checks will drop significantly.
Refusing Suitable Light Duty: If your employer offered suitable light-duty work that you refused by quitting, the insurance company can legally cut off your weekly disability checks completely.
Why Quitting Lowers Your Final Settlement Value
Insurance companies calculate settlement offers based on their financial risk. If you remain employed and continue drawing weekly indemnity checks, the insurer has a strong incentive to offer a substantial lump-sum settlement to close the claim and secure your resignation.
If you quit voluntarily, the insurance company’s weekly financial obligation drops drastically—removing much of their incentive to offer a favorable settlement.
How Riddle & Riddle Injury Lawyers Can Protect Your Rights
Navigating retaliatory employers, complex REDA deadlines, and the fine print of “suitable employment” requires experienced legal representation.
At Riddle & Riddle Injury Lawyers, our experienced North Carolina workers’ comp lawyers, led by Attorney Adam Smith, a Board-Certified Specialist in Workers’ Compensation Law recognized by the North Carolina State Bar for his expertise.
Since 1985, our firm has secured millions of dollars in compensation for injured workers across North Carolina, including landmark recoveries such as a $2.475 million settlement for a construction worker injured in a fall and $1.8 million* for a truck driver who suffered severe leg injuries.
It was nice to see Riddle & Riddle put me and my needs first.
R. Colley, Riddle & Riddle client
Protect Your Job and Your Workers' Comp Benefits
If your employer is threatening termination, pressuring you to work beyond your physical restrictions, or if you are considering quitting after a work injury, don’t take risks with your financial future.
Call Riddle & Riddle Injury Lawyers today at (800) 525-7111 or contact us online to schedule a free, confidential case evaluation. Free consultations are available by phone, email, text, or video conference.
