North Carolina Lawyers Weekly

Even if the court disregards the definition of “cause” in the employment agreement between the defendant-corporation and plaintiff Schiffli, defendant has failed to produce any evidence to support the reasons it gave for firing Schiffli. Therefore, Schiffli may recover under ...

Although the pilot was not cleared to fly, an airline nevertheless violated the Uniformed Services Employment and Reemployment Rights Act, or USERRA, by not reemploying him “promptly” in an alternative position. Background As Thomas Harwood neared completion of a tour ...

Although the jury found for the plaintiff on her claim under the Family and Medical Leave Act, and awarded her $50,000, the evidence was not enough to permit a reasonable jury to conclude the company’s proffered rationale for firing her ...

  Plaintiff alleged that the defendant-town violated his constitutional rights to free speech and association by firing him for becoming a candidate for the office of sheriff. Even if the trial court erred when it declined to instruct the jury ...

Where a salesperson alleged IBM defrauded him by “capping” his sales commissions despite allegedly representing they would not be capped, his claims for fraud, unjust enrichment or quantum meruit were not foreclosed by disclaimer language in which IBM reserved its ...

Although AutoZone remained liable for compensatory damages awarded to a former employee because of sexual harassment by a co-worker, the punitive damages award was vacated because there was insufficient evidence his managers engaged in intentionally discriminatory practices themselves with malice ...

  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 ...