North Carolina Lawyers Weekly

An employer’s collective bargaining impasse rights did not override its ERISA obligations as to employees hired post-impasse. The employer nevertheless sought judgment on the pleadings, but did not plead its fraud-dependent affirmative defenses with sufficient particularity. Background Appellant Just Born ...

Tagged with: Rule 9

When the petitioner-correctional officer disobeyed his supervisor’s reasonable order that he comply with a known and written work rule (to stay after a shift to look for missing equipment), petitioner was insubordinate. Considering his two prior disciplinary actions and the ...

Tagged with: Public Employees

Although section 8(g) of the Asheville Civil Service Law only specifically refers to a petitioner seeking a jury trial, when read as a whole, § 8(g) permits either a petitioner or a respondent to request a jury trial upon appeal ...

Tagged with: Municipal

Respondent’s attendance policy treats unexcused tardiness as an absence if the employee is late by two hours or more. Since each of petitioner’s two unexcused tardies was only one hour long, respondent should have disciplined her for being tardy, not ...

Tagged with: Tardies

Holding: By alleging that the defendant-city violated its own policies when it refused to allow him to grieve the results of his police sergeant’s exam – which he says was based on old law while his answers were based on ...

Tagged with: Constitutional

Butler v. Scotland County Board of Education (Lawyers Weekly No. 011-026-18, 13 pp.) (Mark Davis, J.) Appealed from Scotland County Superior Court (Tanya Wallace, J.) N.C. App. Holding: Because G.S. § 115C-325.8 does not specifically address (1) the contents of ...

Tagged with: Civil Practice

Norman v. North Carolina Department of Administration (Lawyers Weekly No. 011-036-18, 16 pp.) (Rick Elmore, J.) Appealed from Wake County Superior Court (Michael Morgan, J.) N.C. App. Holding: Where plaintiff did not report her supervisor’s alleged sexual harassment of her ...

Tagged with: Public Employees

Whitehurst v. East Carolina University (Lawyers Weekly No. 011-056-18, 20 pp.) (Valerie Zachary, J.) Appealed from the Office of Administrative Hearings (Donald Overby, ALJ) N.C. App. Holding: Petitioner, a ECU campus police officer, responded to a report of an “assault”; ...

Tagged with: sanctions

Hernandez v. Fairfax County (Lawyers Weekly No. 006-003-18, 11 pp.) (Per Curiam) No. 17-1152, Jan. 30, 2018; EDVA at Alexandria (Trenga, J.) 4th Cir. Holding: A reasonable jury could find that Defendant/Appellee Fairfax County did not adequately address a firefighter’s complaints of harassment and ...

Tagged with: Title VII

Balbed v. Eden Park Guest House LLC (Lawyers Weekly No. 001-021-18, 14 pp.) (Motz, J.) No. 17-1187, Jan. 25, 2018; DMD (Messitte, J.) 4th Cir. Holding: Where a live-in innkeeper’s employment terms were subject to an agreement, her FLSA claims required thorough factfinding ...

Tagged with: wages