North Carolina Lawyers Weekly

Even though some of petitioner’s misconduct took place a couple of years before her termination, since no one with disciplinary authority knew of the misconduct until a few days before petitioner’s termination, her misconduct was “current” within the meaning of ...

Tagged with: Public Employees

The district court held that Baltimore County violated the Age Discrimination in Employment Act, but denied the EEOC’s request for back pay damages, concluding it had discretion to deny a request for such damages. The 4th Circuit disagreed, holding that ...

Tagged with: discrimination

Where petitioner (1) became involved in a loud confrontation with a female colleague at work, (2) engaged in inappropriate conduct when interviewing a job applicant, and (3) “liked” two sexually suggestive LinkedIn posts while using an account in which he ...

Tagged with: Public Employees

The General Assembly’s 2014 anti-pension-spiking legislation instructs the Retirement Systems Division to set a cap on pensions, but to allow a retiring employee to avoid the cap by making a payment based on an actuarial computation. Although this “cap factor” ...

Tagged with: Public Employees

Plaintiff’s supervisor repeatedly expressed displeasure about plaintiff’s use of FMLA leave and, while plaintiff was on her last FMLA leave, the supervisor blamed plaintiff when funds were discovered to be missing. The magistrate judge could reasonably infer that plaintiff’s last ...

Tagged with: PTSD

Even if the male defendants made unwelcome comments to the male plaintiff on a frequent basis, and even if defendant Grady exposed himself to plaintiff on a number of occasions, plaintiff does not allege sufficient facts to show that acts ...

Tagged with: Sex Discrimination

Even though defendant’s human resources manager, Jeff Tingen, vehemently denies calling plaintiff a n****r, genuine issues of material fact exist concerning whether Tingen used the racial epithet and whether Tingen’s conduct was sufficiently severe to alter the conditions of plaintiff’s ...

Tagged with: Race Discrimination

A district court did not err in denying preliminary injunctive relief to preserve the National Labor Relations Board’s ability to award relief following its adjudication of unfair labor practice charges against two hospitals. Because the Board did not show irreparable ...

Tagged with: Winter factor

Even though plaintiff was a career state employee when she applied for a promotion, since she did not have one of the minimum requirements for the position – supervisory experience – she was not entitled to promotional priority over the ...

Tagged with: Public Employees

Even if plaintiff has suffered no damages from defendants’ alleged misappropriation of its trade secrets, plaintiff could still be entitled to nominal damages and punitive damages, and a successful misappropriation of trade secrets claim would support an unfair trade practices ...

Tagged with: Damages