What Happens If You File for North Carolina Workers’ Compensation Before You’re Even Hired? A Look at Fatta v. M&M Properties Management

August 7, 2012, by Michael A. DeMayo

An interesting new North Carolina workers’ compensation case passed through the State’s Court of Appeals.

The case, Fatta v. M&M Properties Management, involved a key piece of legislation called the North Carolina Retaliatory Employment Discrimination Act (REDA), which prevents employers from firing workers for filing a claim – or for even telling an employer that he/she is going to file a claim.

The Fatta case concerns a manager in training at a property company. While in his early tenure — he had only been working with the company for three weeks — the man hurt himself cleaning a hotel room. He reported what happened to his employer and indicated that he was thinking about filing a workers’ comp claim. While this was happening, the company gave him a bad performance review, citing the fact that he took long breaks, struggled to provide good customer care, and in general proved to be a less than adequate match.

In any event, he was shortly fired.

The claimant not only moved forward with his North Carolina workers’ compensation claim but also sued his employer per the REDA. M&M Properties said that he couldn’t sue because he hadn’t even filed his claim before the termination period. But the court said nope, the action was allowed under REDA.

Fatta’s claim was ultimately denied, however, because the company proved that the firing had nothing to do with the threat to file the claim – it had to do with well documented evidence that the manager wasn’t cutting the mustard with his work responsibilities.

Understanding the subtleties your claim

What’s interesting about this case is that the claimant “won the battle but lost the war” – that is, he was able to beat the company on a point of law, but ultimately he was not able to collect benefits.

The implications of this are interesting, if you’re researching a North Carolina workers’ compensation firm, like DeMayo Law. You want to make sure that anyone who represents you has experience not only dealing with potentially complex employee/employer litigation but also has the resources and connections to answer your questions and get you additional help if you need it.

 
 

Parse error: syntax error, unexpected '}' in /home/ncarwork/public_html/wp-content/themes/demayo_blogs/footer.php on line 107