Complaint dismissed where allegations of surveillance and discrimination were conclusory

The North Carolina Court of Appeals affirmed dismissal of the complaint, holding that the plaintiff failed to allege sufficient facts to support claims for tortious interference, illegal surveillance, or a racially motivated civil rights violation.

The dispute arose from a compensation disagreement between the plaintiff, a county elections director, and county officials responsible for payroll. The plaintiff alleged that the defendants improperly reduced her pay after reviewing security camera footage to assess her reported work hours. She further claimed unlawful surveillance, interference with her right to compensation, and a racially motivated conspiracy.

The court first rejected the tortious interference claim, finding no plausible allegation of a contract guaranteeing a fixed salary regardless of hours worked. Instead, the governing statute tied compensation to hours worked and afforded the county discretion in setting pay. The court also found the complaint failed to show defendants acted without justification, noting the alleged conduct reflected a legitimate effort to verify payroll accuracy.

The court next dismissed the surveillance claim, concluding the plaintiff failed to allege facts showing interception of protected communications under the state Electronic Surveillance Act. General assertions that defendants “listened” to conversations were deemed conclusory, and the alleged monitoring fell within the ordinary course of employment exception.

Finally, the court rejected the civil rights claim, finding no factual support for a racially motivated conspiracy or deprivation of constitutional rights. The complaint relied on conclusory allegations and failed to identify specific acts or harms, and alternative statutory remedies for wage disputes further undermined the claim.

The 16 page opinion is Riddick v. Perry, Lawyers Weekly No. 011-072-26.