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Labor & Employment — Public Employees – Administrative Remedies – Failure to Exhaust – College Basketball Coach (access required)

Tucker v. Fayetteville State University (Lawyers Weekly No. 14-07-1173, 8 pp.) (Ann Marie Calabria, J.) Appealed from Cumberland County Superior Court (Lucy Inman, J.) N.C. App. Holding: Although plaintiff, the former coach of the defendant-university’s women’s basketball team, worried that ...

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Labor & Employment — Public Employees – Standard of Review – Termination – No Just Cause – Performance Issues (access required)

Price v. Office of the State Auditor (Lawyers Weekly No. 14-16-1140, 22 pp.) (Wanda Bryant, J.) Appealed from Wake County Superior Court (Howard Manning Jr., J.) N.C. App. Unpub. Holding: In petitioner’s appeal of the State Personnel Commission’s reversal of ...

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Labor & Employment — NCEEPA – Sexual Harassment – Corporate – Individual Defendants – Tort/Negligence – Emotional Distress (access required)

Wang v. Wow Brows (Lawyers Weekly No. 14-03-1061, 10 pp.) (Thomas Schroeder, J.) 1:14-cv-00566; M.D.N.C. Holding: Where plaintiffs merely allege that the individual defendants may have an ownership interest in the corporate defendants, but where plaintiffs do not allege any ...

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Labor & Employment — Civil Rights – Race Discrimination Claim – Disparate Treatment – No Similar Compator (access required)

Robinson v. Volvo Group North America, LLC (Lawyers Weekly No. 14-03-1055, 12 pp.) (Catherine Eagles, J.) 1:13-cv-00748; M.D.N.C. Holding: Although plaintiff has identified a Caucasian employee, S.B., who also received warnings for rudeness, and although both plaintiff and S.B. were ...

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Labor & Employment — FLSA – Civil Practice – Subject Matter Jurisdiction – ‘Employer’ – Civil Practice – More Definite Statement (access required)

Luna-Reyes v. RFI Construction, LLC (Lawyers Weekly No. 14-03-1057, 19 pp.) (Thomas Schroeder, J.) 1:14-cv-00235; M.D.N.C. Holding: Since the Fair Labor Standards Act does not indicate that Congress intended the term “employer” to operate as a jurisdictional bar, whether defendants ...

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