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Employment Right of Victims of Violence
Employment is a
vital component for victims of violence. It offers safety, benefits,
independence, friendship, and money they need to limit the impact of
violence in their lives.
This webpage identifies North Carolina laws and resources available to
address victims’ security, employment rights, and compensation.
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SECURITY
OSHA
(Occupational Safety and Health Act)
The general duty clause mandates that the workplace be free from
recognized risks that could cause bodily injury or death. The NC
Department of Labor has regional and central offices at www.nclabor.com.
Temporary Restraining Orders (TRO)
Known as protective orders or peace orders, there are several different
civil orders that can be obtained to prohibit an individual from
communicating with, contacting, or coming to the victim’s workplace.
Workplace Restraining Order
This is a protection that only the employer can apply for their
workplace and/or a particular employee. It can be utilized against any
person: ex-employee, a disgruntled client, a loiterer, or someone who is
stalking an employee.
The employer must communicate with the employee victim for whom they are
getting the order. However, the employee is protected from losing their
job if they refuse to participate in the process of obtaining the order.
A workplace restraining order may be obtained through filing a district
court civil action with the local district, usually requiring the
services of an attorney though it is not mandatory. (There is a $70-$75
filing fee).
Domestic Violence Restraining
Order
Also known as a 50-B, this is an order that can be obtained against a
former intimate partner, prohibiting them from visiting or contacting by
phone, mail or other means and can include the workplace. The parties
could be married, separated, living together or just dating. For
homosexual relationships, the individuals must have lived together in
order for one party to obtain this protection. There is no fee and forms
can be obtained from the local district Clerk of Court. To obtain this
protection, an individual may apply directly or seek support from the
local domestic violence services provider.
Civil Restraining Order
While a domestic violence restraining order requires two parties to have
some sort of prior relationship, a civil restraining order (50-C) is
available in cases where a stranger stalks a victim. The offender is not
banned from firearm possession. The order can prohibit contact and
communication at any time, can identify the workplace as a protected
area and is valid for one year with opportunity for renewal.
SAVAN (Statewide Automated
Victim Assistance Notification)
A victim can dial in to register a phone number with this automated
system to provide notification by telephone the moment an offender is
released or has escaped from custody. A PIN code is registered to ensure
that the right person receives the message. More information is at
www.ncsavan.org.
Criminal Justice Law
If an employee has been victimized by any criminal offences while at
work, they have the right to have the offender arrested. Once the
offender has been arrested, the threat is removed while they stay in
jail until the trail. Among the laws that protect a person from violence
include Threats, Communicating, Damage to Property, Assault, Stalking,
Telephone Harassment and Sexual Offences. Contact their local law
enforcement or go to the magistrate to obtain a criminal warrant.
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EMPLOYMENT RIGHTS
Americans with Disability Act
(ADA)
This law prohibits employers from discriminating against an employee for
having a disability but is still able to carry out the essential
function of their job. If an employee is physically or psychologically
impacted, their employer is required to provide reasonable
accommodations to help them do their jobs. More information is available
at
www.osp.state.nc.us/ada/welcome.htm
(919) 733-0054
Title Seven- Discrimination
Title VII of the Civil Rights Act of 1964 may protect employees that
fall under the five protected classes: race, national origin, age,
religion and gender. If no action was taken or if the situation
persists, a victim may contact the Equal Employment Opportunity
Commission for more information or to file a complaint.
http://www.eeoc.gov/field/charlotte/
Family Medical Leave Act
If an employee experiences a “serious health condition” due to their
victimization they may be entitled up to 12 weeks of unpaid leave. This
benefit also extends to workers who need to take time off to care for a
child, spouse or parent who has been victimized. This protection
guarantees the right to unpaid leave (though a worker can still use
their sick leave and other leave), the continuation of their healthcare
benefits and that they will have the same job or an equivalent position
when they return to work.
If an
employee feels that this right has been violated, they can file a
complaint with the US Department of Labor or with the Federal Court
within two years of the violation. For more information, call (919)
790-2741 or visit
http://www.dol.gov/whd/fmla/
Domestic
Violence Restraining Order Leave
Victims are guaranteed the right to take
“reasonable time off” in order to obtain a domestic violence restraining
order.
Public
Policy Violation
An exception to the “at will employment” rule is when a worker is fired
for simply following the law. It also applies when a victim attempts to
assert their rights according to law. |
COMPENSATION
Short Term Disability
A worker who is assaulted off the job and unable to work for extended
periods of time may be eligible for this benefit that provides up to one
half of their wages or $170 a week. This benefit cannot be used when
other benefits are being received such as unemployment insurance or
other resources.
www.osp.state.nc.us/ada/welcome.htm
(919) 733-0054
Workers Compensation
This benefit is usually the sole remedy that covers the medical costs
and lost wages of an employee who was injured on the job. In terms of
violence, it applies to workers who were assaulted by another employee,
or by a stranger, as in the most common cases.
Workers compensation is also a protection for the employer as it
generally prevents the employee from filing a lawsuit for damages that
would be much greater than medical costs and wages compensation.
www.ic.nc.gov
Victims Compensation Fund
For workers who are victimized by violent crime either on or off the
job, The Governors Crime Commission offers a program to pay for medical
bills, partial lost wages, and even funeral expenses. The process may
take up to a year but can cover medical expenses up to $30,000, up to
$140/week in lost wages and a maximum of $7,500 in funeral expenses. To
apply, contact the NC District Attorney’s office or the Governors Crime
Commission at (919) 733-4564.
Unemployment Insurance
This temporary benefit provides a portion of a worker’s pay if they lost
their job “through no fault of their own.” It does not apply if a worker
willingly quits their job. They are required to provide proof of their
situation through some form of documentation.
www.ncesc.com
Civil Lawsuit for Negligence
Even if a victimized employee is eligible for workers compensation, they
may be able to pursue civil tort action to seek remedy for their
victimization.
The incident usually has to demonstrate gross negligence in the
employer’s responsibility to protect its work force as in a wrongful
death lawsuit. Contact an attorney or visit
www.legalaidnc.org
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Interested or have Questions?
Just send us an email or call
919.274.5515
[email protected]
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