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Tag Archives: Labor & Employment

Labor & Employment – Public Employees – Termination – Personal Misconduct – Arbitrary Decision – Bipolar Disorder – New Medication (access required)

Bulloch v. North Carolina Department of Crime Control & Public Safety Although petitioner’s voluntary consumption of alcohol contributed to his inappropriate off-duty behavior, a psychiatrist testified that petitioner’s behavior was caused by a combination of alcohol, his first dose of lithium, hypomania, and his being “relatively unmedicated for his bipolar disorder.”

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Tort/Negligence – Schools & School Boards – Abuse of Special Needs Student – Labor & Employment – Public Employees – Teacher – Wrongful Termination – Constitutional (access required)

J.W. v. Johnston County Board of Education Since no N.C. appellate court has recognized a fiduciary duty between a middle school student and his principal, superintendent or school board, this court will not so expand N.C. law.

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Civil Practice – Statute of Limitations – Labor & Employment – Public Employees – Schools & School Boards – Teacher Tenure – Amended Statute (access required)

Thompson v. Charlotte-Mecklenburg Board of Education After plaintiff’s return from California and her completion of a one-year teaching contract, the defendant-school board should have voted on tenure status for plaintiff, who had career status as a teacher before she moved to California.

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Civil Practice – Statute of Limitations – Labor & Employment – Public Employees – Schools & School Boards – Teacher Tenure – Amended Statute (access required)

Thompson v. Charlotte-Mecklenburg Board of Education After plaintiff’s return from California and her completion of a one-year teaching contract, the defendant-school board should have voted on tenure status for plaintiff, who had career status as a teacher before she moved to California.

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Corporate – Veil-Piercing – Ripeness – Insufficient Allegations – Civil Practice – Personal Jurisdiction – Labor & Employment (access required)

Tong v. Dassault Systemes Simulia Corp. The issue raised by plaintiff’s complaint is purely legal: whether defendant Dassault Systemes Simulia Corp. is operating defendant DSSKK as a mere instrumentality, thereby making Dassault jointly and severally liable to plaintiff for his “Japanese Retirement Allowance.” This claim is not dependent on future uncertainties and is therefore ripe for review.

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Labor & Employment – Civil Rights — Race Discrimination – Retaliation Claim – Termination – FMLA Leave – Failure to Promote (access required)

Whitaker v. Nash County Although plaintiff did file an EEOC charge alleging race discrimination, since (1) her doctor would not certify her as fit at the end of her 12 weeks of FMLA leave, (2) defendants determined that plaintiff’s position was critical, and (3) plaintiff did not take defendants up on their offer to suggest accommodations, plaintiff has not shown that her termination was in retaliation for her EEOC charge.

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Labor & Employment – ADA – Post-Accident Performance – NASCAR Engine Sourcing (access required)

George v. Roush & Yates Racing Engines, LLC Plaintiff alleges that the defendant-employer used plaintiff’s failure to attend a meeting as a pretext for firing plaintiff and that the real reason for his firing was the disabilities he suffered after an auto accident. Plaintiff’s allegations state a claim for violation of the Americans with Disabilities Act.

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Labor & Employment – Civil Practice – Laches — National Origin Discrimination Claim (access required)

Equal Employment Opportunity Commission v. Propak Logistics, Inc. The EEOC did not file this action until almost seven years after one of defendant’s employees filed a discrimination charge; in the meantime, the facility in question has closed, defendant has lost touch with its former employees, and – not knowing the EEOC would consider this a class action – defendant has not maintained personnel records from the time at issue. The EEOC’s claim is barred by laches.

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Civil Practice – Personal Jurisdiction – Labor & Employment – N.C. Company – Georgia Employee – Trade Secrets & Business Expectancy (access required)

Perficient, Inc. v. Pickworth This court lacks personal jurisdiction over a Georgia resident who applied for a job, accepted the job, and performed the job in Georgia, albeit for an N.C. company. The court grants plaintiff’s motion to dismiss for lack of personal jurisdiction.

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