Labor & Employment – Civil Practice – Statute of Limitations – Elimination & Restoration – Tort/Negligence – Wrongful Discharge – Race & Sex Discrimination

Ford v. Exelis Systems Corp. (Lawyers Weekly No. 002-044-17, 5 pp.) (James Dever III, C.J.) 5:17-cv-00328; E.D.N.C.

Holding: When the General Assembly eliminated plaintiff’s wrongful discharge claim on March 23, 2016 (by enacting House Bill 2), plaintiff had two months and eight days of unexpired time remaining before the three-year statute of limitations would have run on her claim of wrongful discharge under G.S. § 143-422.2. On July 18, 2016, the General Assembly enacted House Bill 169, which restored plaintiff’s wrongful discharge cause of action, but with a one-year statute of limitations. Plaintiff then had to file within the shorter of (1) her remaining unexpired time or (2) the new one-year statute of limitations. Because plaintiff did not file her wrongful discharge claim by Sept. 26, 2016, her claim is untimely.

The court grants defendants’ motion to dismiss.