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Tag Archives: Wrongful Termination

Tort/Negligence – Schools & School Boards – Abuse of Special Needs Student – Labor & Employment – Public Employees – Teacher – Wrongful Termination – Constitutional (access required)

J.W. v. Johnston County Board of Education Since no N.C. appellate court has recognized a fiduciary duty between a middle school student and his principal, superintendent or school board, this court will not so expand N.C. law.

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Civil Practice – Discovery – Medical Records – Tort/Negligence – Negligent Infliction of Emotional Distress – Tax Records – Wrongful Termination (access required)

Young v. Kimberly-Clark Corp. When plaintiff alleged negligent infliction of emotional distress, she put her medical condition at issue; therefore, she waived the statutory privileges accorded communications between a patient and her medical providers.

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Tort/Negligence – Wrongful Termination – REDA – Workers’ Compensation Claim – Sheriff – Official Capacity (access required)

White v. Cochran Plaintiff sued the sheriff for violating the Retaliatory Employment Discrimination Act, but her right-to-sue letter referred to the sheriff’s department. Although the complaint does not explicitly say whether plaintiff is suing the sheriff in his individual or official capacity, a review of the complaint indicates that plaintiff is suing the sheriff in his official capacity, which is the same as suing the sheriff’s department. The trial court erred in dismissing the complaint for lack of subject matter jurisdiction. Reversed.

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Workers’ Compensation – Disability – Wrongful Termination – Attorney’s Fees – Penalty (access required)

Hawkins v. A & M Auto Body, Inc. Although defendant apparently fired plaintiff for filing a valid workers’ compensation claim, and although plaintiff has been unable to find another job, plaintiff stipulated that his compensable injury did not prevent him from working; therefore, plaintiff is not disabled and is not entitled to temporary total disability benefits. We reverse the Industrial Commission’s award of benefits and remand.

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