North Carolina Lawyers Weekly

A multiemployer pension fund can pursue an alleged delinquent exit contribution from a former participating employer after the court held the complaint plausibly alleged this contribution was required by the plan documents. Background The Board of Trustees of the Sheet ...

  The respondent-agency’s decision-maker indicated that she chose a male candidate for a job because (1) he had more education than the female petitioner, (2) he scored better in the interview, and (3) adding a man to the staff would ...

  G.S. § 126-34.02, as amended in 2013, authorizes the Office of Administrative Hearings to award attorneys’ fees to an employee where reinstatement or back pay is ordered. This authority includes the power to award attorneys’ fees incurred at the ...

 A Maryland state agency enjoys 11th Amendment immunity against sexual orientation and disability discrimination claims brought by a former employee because the agency did not consent to suit in federal court. Background This appeal and ongoing proceedings in the District ...

A garbage truck driver who was terminated for job abandonment after missing a single day of work due to illness had a valid employment discrimination claim because his performance was satisfactory, his employer’s changing rationale for the termination suggested pretext ...

Where a sheriff terminated a deputy sheriff who supported the sheriff’s opponent during the re-election campaign, he did not violate the law. Background This case arises from Sheriff Michael L. Chapman’s decision not to reappoint Mark F. McCaffrey as a ...

A university professor who alleged she was paid less than male colleagues failed to persuade the court the difference in pay was due to her gender. Instead, the court held the difference was based on legitimate factors, including different job ...

Restricting the defendant-doctor’s ability to practice in the most populated areas of North Carolina when there are very few oculofacial plastic surgeons, and even fewer who perform some of the specialized procedures he is trained to provide, raises a substantial ...

As part of its 2007 purchase of the assets of Addison Whitney, Inc., inVentiv Health, Inc., acquired Employee’s Agreements as to Work Product (EAWPs) signed by three of the defendants. When inVentiv’s successor entity, plaintiff Addison Whitney, LLC, employed those ...

Even though plaintiff had worked past the term of his employment contract while negotiating another term contract, he was not an at-will employee. He cannot state a claim for wrongful discharge in violation of public policy based on defendant’s decision ...