§ 95-243. Civil action. - North Carolina Statutes

§95‑243.  Civil action.

(a)        An employee who hasbeen issued a right‑to‑sue letter or the Commissioner of Labor maycommence a civil action in the superior court of the county where the violationoccurred, where the complainant resides, or where the respondent resides or hashis principal place of business.

(b)        A civil actionunder this section shall be commenced by an employee within 90 days of the dateupon which the right‑to‑sue letter was issued or by theCommissioner within 90 days of the date on which the Commissioner notifies theparties in writing that conciliation efforts have failed.

(c)        The employee or theCommissioner may seek and the court may award any or all of the following typesof relief:

(1)        An injunction toenjoin continued violation of this Article.

(2)        Reinstatement of theemployee to the same position held before the retaliatory action ordiscrimination or to an equivalent position.

(3)        Reinstatement offull fringe benefits and seniority rights.

(4)        Compensation forlost wages, lost benefits, and other economic losses that were proximatelycaused by the retaliatory action or discrimination.

If in an action under thisArticle the court finds that the employee was injured by a willful violation ofG.S. 95‑241, the court shall treble the amount awarded under subdivision(4) of this subsection.

The court may award to theplaintiff and assess against the defendant the reasonable costs and expenses,including attorneys' fees, of the plaintiff in bringing an action pursuant tothis section. If the court determines that the plaintiff's action is frivolous,it may award to the defendant and assess against the plaintiff the reasonablecosts and expenses, including attorneys' fees, of the defendant in defendingthe action brought pursuant to this section.

(d)        Parties to a civilaction brought pursuant to this section shall have the right to a jury trial asprovided under G.S. 1A‑1, Rules of Civil Procedure.

(e)        An employee mayonly bring an action under this section when he has been issued a right‑to‑sueletter by the Commissioner. (1991 (Reg. Sess., 1992), c.1021, s. 1.)