North Carolina Lawyers Weekly

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 ...

In a case of first impression, the court joined other circuits in holding that, while the Supreme Court in Oncale v. Sundowner Offshore Services, 523 U.S. 75 (1998), identified three evidentiary routes for employees to prove they are victims of ...

Although the Nuclear Regulatory Commission, or NRC, is obligated to not retaliate against whistleblowers, because the statute allows suits against a “person,” and the NRC is not a “person,” the NRC was immune from a whistleblower suit. Background Dr. Michael ...

In a case of first impression, the court held that where an employer transfers an employee from a position they could perform if provided with reasonable accommodations to a position they do not want, that could support a failure-to-accommodate claim. ...

Where an employee of the Drug Enforcement Administration was terminated because he refused to participate in a DEA internal investigation, not because of his Coast Guard service, his claims under the Uniformed Services Employment and Reemployment Rights Act of 1994, ...

Although an administrative law judge determined that petitioner had failed to establish that he was fired in violation of the North Carolina Whistleblower Act, since the ALJ found that petitioner had been dismissed without just cause and ordered his reinstatement ...

In a case of first impression, a private party is entitled to assert the good-faith defense to liability under § 1983. As such, unions that collected representation fees from nonunion teachers prior to the Supreme Court holding such fees were ...

Where civil immigration detainees who were awaiting immigration hearings participated in a voluntary work program for which they were paid between $1 per day and $15 per week, their minimum wage bid failed because they are not “employees” within the ...

  Where the petitioner-ALE agent failed to log evidence and failed to comply with a search warrant, he willfully violated work rules and thereby engaged in unacceptable personal conduct. On the issue of whether petitioner’s conduct constituted just cause for ...

The former headmaster of a faith-based school founded by a bestselling novelist, whose employment and defamation claims were rejected by the trial court and jury, failed to show the court committed error by refusing to allow certain testimony, imposing a ...