North Carolina Lawyers Weekly

  Even though the administrative law judge found that respondent had failed to prove that petitioner had stolen from a co-worker—the stated grounds for his termination—petitioner’s remedies could nevertheless be limited by after-acquired evidence: that petitioner had omitted several criminal ...

  Even if the existence of an old and unenforced statute means that adultery is still considered a crime, we find no support in North Carolina law for the proposition that reporting to one’s employer the private sexual activity of ...

  Although the North Carolina Wage and Hour Act does not define “unpaid amounts,” its definition of “wage” and other provisions lead the court to the conclusion that liquidated damages under the NCWHA are properly awarded based upon the employee’s ...

  The North Carolina Human Resources Act applies to local departments of social services’ employees, like petitioner. Where the HRA does not make its effect contingent on the promulgation of administrative regulations, the absence of an implementing regulation does not ...

  Our Supreme Court remanded this employment matter to the Highway Patrol for consideration of several factors. Since the Highway Patrol did not consider most of the factors set out by Supreme Court, we do so de novo and conclude ...

The Career Status Law, former G.S. § 126-5(d)(2c), which was passed after Governor Cooper’s election, has been deemed unconstitutional; moreover, it would not have governed petitioner’s career status in any event. Just before leaving office, Governor McCrory changed petitioner’s status ...

Petitioner’s employment was terminated by the respondent-university after she returned from a medical leave, but she was then reinstated pursuant to a final university decision. Petitioner was not entitled to file a contested case to seek review of the implementation ...

  Even though petitioner denied that she used the racial epithet, “n—–,” she admitted to using the variant “nigra.” We fail to see how using a variant of an epithet that is commonly understood to be a complete anathema is ...

Although a woman’s co-worker was found liable for sexually assaulting her during her shifts at Radford Arsenal, the evidence was insufficient to hold their employer liable for the co-worker’s conduct. Background Carla A. Clehm is an employee of defendant BAE ...

  The evidence showed that petitioner, a state trooper, engaged in conduct that violated the Highway Patrol policy relating to unbecoming conduct: placing an open bottle of vodka in his patrol vehicle and, without prior authorization, driving the vehicle to ...