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Labor & Employment – No ADA Claim from Leave Denial (access required)

By North Carolina Lawyers Weekly Staff
Published: May 23,2013

Wilson v. Dollar General Corp. An employee of a chain-store distribution center who filed his disability discrimination claim with the EEOC before he filed his Chapter 13 bankruptcy petition has standing to pursue his discrimination claim, the 4th Circuit says, but the claim has no merit as the employee did not show he could perform the essential functions of his job had he been granted a brief additional leave for treatment of his vision impairment.


Labor & Employment – Public Employees – Whistleblower Act – County Board of Elections (access required)

By North Carolina Lawyers Weekly Staff
Published: May 22,2013

Johnson v. Forsyth County G.S. Chapter 126, including the N.C. Whistleblower Act, applies only to state employees and the local employees listed in G.S. § 126-5. Since county board of election employees are not included in the § 126-5 list, they are not covered by the Whistleblower Act.


Labor & Employment – Contract – Covenant Not to Compete – Physician – Medical Practice – Civil Practice – Preliminary Injunction – Likelihood of Success – Irreparable Harm (access required)

By ericahampton
Published: May 15,2013

Pinehurst Surgical Clinic, P.A. v. DiMichele-Manes The plaintiff-medical practice has shown that the non-compete covenant in the parties’ employment agreement was valid and enforceable and that the defendant-doctor violated the covenant by going to work for a nearby competitor; therefore, plaintiff was likely to succeed on the merits of its case.


Labor & Employment – City Worker’s USERRA Claim Too Late (access required)

By North Carolina Lawyers Weekly Staff
Published: May 9,2013

A chief warrant officer in the U.S. Coast Guard Reserves, who left his job as a municipal waste manager for periods of active service with the Coast Guard, waited too long to file his suit under the Uniform Services Employment and Reemployment Rights Act of 1994, and the 4th Circuit affirms the district court decision that the suit is barred by the four-year federal “catchall” statute of limitations under 28 U.S.C. § 1658(a).


Labor & Employment – Public Employees — Municipal – State Constitutional Claims – Tort/Negligence – Wrongful Discharge – Public Policy (access required)

By North Carolina Lawyers Weekly Staff
Published: May 7,2013

Bigelow v. Town of Chapel Hill North Carolina does not recognize direct constitutional claims against public officials acting in their individual capacities


Labor & Employment – Jury & Jurors – Wrongful Termination Claim – Jury Duty Summons – Dishonesty (access required)

By North Carolina Lawyers Weekly Staff
Published: May 2,2013

Hill v. Hubbell Distribution, Inc. Had he called the evening before he was summoned for jury duty, plaintiff would have learned that he had been excused. The defendant-employer fired plaintiff because its investigation convinced it that plaintiff was dishonest about why he missed a day of work; plaintiff has not shown that he was fired because he was summoned for jury duty


Labor & Employment – Civil Rights – Age & Race Discrimination Claims – Civil Practice – Res Judicata – Tort/Negligence – Emotional Distress – Recusal Motion (access required)

By North Carolina Lawyers Weekly Staff
Published: May 2,2013

Pledger v. UHS-Pruitt Corp. The complaint can be read to allege timely claims of discrimination and retaliation based on plaintiff’s termination. Given the nature of plaintiff’s pro se complaint, defendants understandably did not address this issue. They may do so in an answer and, if desired, a new motion to dismiss.


Labor & Employment – Civil Rights – Age Discrimination Claim – Cell Phone Sales (access required)

By North Carolina Lawyers Weekly Staff
Published: April 25,2013

Austin v. Alltell Communications, LLC Despite one positive performance review and a new supervisor who made disparaging remarks about her own and plaintiff’s age, plaintiff’s history of performance problems shows that she was not fired because of her age.


Labor & Employment – Civil Rights – Age Discrimination Claim – Cell Phone Sales (access required)

By North Carolina Lawyers Weekly Staff
Published: April 24,2013

Austin v. Alltell Communications, LLC Despite one positive performance review and a new supervisor who made disparaging remarks about her own and plaintiff’s age, plaintiff’s history of performance problems shows that she was not fired because of her age.


Labor & Employment – Civil Rights – Title VII — Religious Discrimination – Attorneys – Appointment Motion (access required)

By North Carolina Lawyers Weekly Staff
Published: April 24,2013

Westbrook v. North Carolina A&T State University Even though the pro se plaintiff lacks the financial ability to hire counsel and arguably has a meritorious religious discrimination claim, he has not tried to obtain counsel, and he has demonstrated the ability to represent himself.



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