North Carolina law sets steps for workplace retaliation complaints

Employees alleging retaliation must file a signed complaint with the Labor Commissioner. The complaint must identify the employee, employer, relevant contacts, protected activity, alleged retaliation, and its most recent date. It must include workers’ compensation Form 18 if one exists. A person other than the employee may file only with the employee’s dated, signed permission; this does not apply to an attorney filing for the employee. If the Department identifies missing information in a timely partial complaint, the employee has 30 days to complete it. The complaint is due within 180 days of the alleged violation. After notice of deficiencies, the employee has 30 days to complete a timely partial complaint.

The Labor Commissioner must send the complaint to the accused employer and investigate it; the employer may submit a statement describing defenses. This process applies to complaints alleging a violation of the article’s workplace retaliation protections. The Commissioner may start the investigation before receiving the employer’s response. If the Commissioner finds no reasonable cause to believe the allegation is true, the Commissioner must dismiss the complaint and issue the employee a letter allowing a civil lawsuit. If there is reasonable cause, the Commissioner must try to resolve the alleged violation informally. The employer may respond within seven days after receiving the complaint. The Commissioner must make a determination as soon as possible, and no later than 90 days after filing.

The Department must disregard and destroy extra materials submitted with a complaint. This applies to materials submitted along with a complaint that are outside the complaint itself. The extra materials are not public records and are not open to inspection under this rule.

Deadlines under the article must be counted using Rule 6 of North Carolina civil procedure. This rule applies to time limits under Article 21 of Chapter 95.