Agricultural workers who legitimately claim their labor rights cannot suffer retaliation from their employer.
This is established by the Law against Employment Discrimination in Retaliation, a rule that protects workers so that they can claim for their rights.
As explained to Enlace Latino NC Aaron Jacobson, attorney for Legal Help for Farm Workers, the standard protects workers who claim for labor rights considered “protected.”
In agricultural work, for example, “protected activities” include issues wage, occupational safety and hygiene, dwelling or breach of contract.
What is “retaliation”?
Since the law prohibits “retaliation” by employers, it is important to understand what the term means.
“Retaliation is not just a dismissal. It can be any punishment that affects the terms or conditions of work,” Jacobson said.
Among other examples of harmful practices by employers towards workers who demand their rights, the lawyer mentions, in addition to dismissals, the withdrawal of working hours, the transfer to a less qualified task, suspensions or even non-employment. hiring in subsequent seasons.
How can I protect myself against illegal retaliation from my employer?
“The more tests they have, the better chances they will have.” This is how the Legal Aid lawyer summarizes the best strategy to protect yourself against illegal retaliation by employers.
In that sense, Jacobson details that the worker must prove that the employer took a negative action as punishment for his claim protected by law.
“Therefore, it can be very good if the worker has colleagues who listened when he complained and can be witnesses. If someone recorded the conversation, so much the better. One piece of advice is to use technology to collect evidence.”
Additionally, workers who believe they have suffered unlawful retaliation in North Carolina can contact Legal Aid free of charge and in Spanish at: (919) 523-6665.
What happens if an employer doesn't hire me the following season because I filed a labor claim?
Illegal retaliation can also occur if a worker ends their contract and is not called up the following year, as long as the reason for not hiring is having made a protected claim.
“An employer may decide not to rehire a worker the following year once the contract ends. But if the reason why he does not want to hire him again is because the worker carried out a protected activity, such as claiming for his salary, that can be considered illegal retaliation,” the lawyer clarified.
Indeed, Legal Aid has sponsored these types of claims.
“We have had cases like this, in which a worker from Mexico tells us that they did not hire him again because he complained about forced sales of food the previous year. And in those cases he does file a lawsuit so that he can recover what he would have won if he had not been punished.”
How long do I have to file a retaliation lawsuit against my employer?
The maximum time limit to file a lawsuit for unlawful retaliation in North Carolina is 6 months from the time of punishment.
In those cases in which a worker is not called up the following season as a form of retaliation, it is considered that the punishment occurred at the moment in which the worker was informed that he would not be taken into account. Therefore, a worker could file a lawsuit for illegal retaliation even in the following season.
What happens if it is proven that the worker suffered illegal retaliation?
If it is proven that the worker suffered illegal retaliation, he or she can obtain compensation of up to three times the amount owed.
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After the storm
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