North Carolina Lawyers Weekly

Where the government contractor did not supervise plaintiff’s work product, determine her hours or provide her with equipment necessary to perform her duties, it lacked the degree of control over the essential terms and conditions of her work necessary to ...

The complaint alleges that defendant Drinkwater’s duties for his former employer, plaintiff Mechanical Systems & Services, Inc. (MSS), were limited to the HVAC field, and that he spent the “overwhelming majority” of his time managing two client accounts in the ...

Where Montgomery County transferred a blind employee to her requested customer service position at a countywide call center after a jury found its failure to do so amounted to discrimination, she was entitled to recover reasonable attorneys’ fees, costs and ...

According to the testimony of petitioner’s supervisors, an auto inspection shop manager, and petitioner himself, the petitioner-probation and parole officer violated the respondent-employer’s policy by, among other things, (1) attempting to obtain a law enforcement exemption for window tinting on ...

Although petitioner argues that the Employment Security Division failed to address the issues he raised, the ESD found facts regarding petitioner’s poor attendance, his unauthorized use of funds, and his improper involvement of the tribal chief in tribal ABC Commission ...

Where the Worker Adjustment and Retraining Notification, or WARN, Act applies only if the company employed 100 or more full-time employees on the date the first notice was required, and the undisputed evidence was that the government contractor employed fewer ...

Where the manufacturing company posted notices about then-ongoing negotiations with the union, but did so in a straightforward manner that expressed its position without directly or indirectly soliciting employee action, it did not commit an unfair labor practice. Background Tecnocap ...

A covenant not to compete is overly broad because it prohibits the defendant-former employees of plaintiff from even purchasing solar and roofing products from a competitor in the areas defined by the employment agreement. A non-solicitation provision is overly broad ...

Where there was no existing “job sharing” position available for the pharmaceutical sales representative in the district, the company had no duty to create one in order to reasonably accommodate her disability. Although the company had previously permitted her to ...

Where an employee of the York County Sheriff’s Office was terminated after he disclosed confidential information about an ongoing investigation into an inmate’s death to his wife, who worked at a local news station and then lied to internal investigators ...