Yes, your employer can write you up after an injury at work, but only for a lawful reason – not simply because you got hurt at work and pursued a workers’ compensation claim.
North Carolina law allows employers to discipline employees for legitimate issues such as attendance violations, safety rule breaches, or poor job performance. However, an employer cannot punish or single out an employee for reporting a work injury or filing a workers’ compensation claim. That kind of action counts as retaliation, which is against the law.
Workers have the right to report injuries and seek workers’ compensation benefits without fear of punishment. If the timing of your write-up seems suspicious, or if you notice your employer treating you differently after you report an injury, that could be a sign of unlawful retaliation.
Understanding Workers’ Compensation Retaliation in North Carolina
NC workers’ comp laws protect employees from retaliation for reporting work injuries or filing workers’ compensation claims. Employers cannot lawfully punish workers for exercising their legal rights. However, some do so anyway.
Workers’ comp retaliation can take many forms, including:
- Write-ups issued soon after an injury report
- Sudden demotions without apparent cause
- Reductions in work hours or pay after the filing of a claim
- Terminations tied to injury or benefits requests
Such retaliatory actions may violate North Carolina’s Retaliatory Employment Discrimination Act (REDA), which forbids employers from firing or disciplining employees for reporting workplace injuries or pursuing workers’ comp benefits.
Legitimate vs. Retaliatory Write-Ups
Legitimate write-ups are usually based on issues like clear policy violations, poor job performance, or repeated attendance problems. Employers have the right to hold workers accountable through disciplinary measures that align with company policies and are applied consistently to everyone.
Retaliatory write-ups look different. They often happen soon after a worker reports an on-the-job injury or files a workers’ compensation claim, even though nothing about the employee’s work has changed. Sudden changes in treatment or discipline without explanation are classic signs of unlawful workers’ compensation retaliation in NC.
If you suspect your employer has targeted you for reporting an injury or filing a claim, you should start gathering evidence right away. Document every meeting, message, and disciplinary notice. Keep copies of write-ups and emails. Detailed records can support your case if you decide to take legal action.
What to Do If You’re Written Up or Retaliated Against
If your employer writes you up or begins treating you unfairly after you report a work injury or file a workers’ compensation claim, you can take these steps to protect your rights:
- Write down details of the incident, including dates, names, and what your employer said or did.
- Save copies of emails, text messages, write-ups, and performance reviews.
- Report the retaliation to your human resources department in writing.
- Avoid arguing with your employer or responding in anger.
- Continue doing your job as directed while keeping thorough records.
- Contact a workers’ compensation lawyer who can investigate timelines, review employment records, and file complaints with the NC Department of Labor or Industrial Commission.
Protecting Your Rights After a Work Injury
If your employer wrote you up after a work injury report or workers’ compensation claim in North Carolina, reach out to Kornbluth Ginsberg Law Group, P.A. Our team understands how stressful workplace retaliation feels. We treat clients in these situations the way we would want to be treated – with respect, honesty, and attention to detail.
Contact us now or call us 24/7 at 919-980-9895 for a free initial consultation so we can review your situation, explain your rights, and walk you through your next steps. Our office is conveniently located at 3400 Croasdaile Drive, Suite 300. Durham, NC. We are ready to help you understand your legal options.
