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Tag Archives: REDA

Labor & Employment – REDA – Wrongful Discharge Claim – Legitimate Reasons for Dismissal (access required)

Fatta v. M & M Even though plaintiff showed that he was fired shortly after he suffered an on-the-job injury and notified the defendant-employer of his intention to file a workers’ compensation claim, plaintiff failed to rebut defendant’s forecast of evidence that he was fired after three weeks of employment because of his poor work habits and lack of leadership.

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Labor & Employment – Intellectual Property – Patent — Employee’s Inventions – Wage & Hour Act – REDA – Liquidated Damages – Attorney’s Fees (access required)

Morris v. Scenera Research, LLC Defendants acted in good faith and with a reasonable belief that they were not in violation of the Wage and Hour Act when they refused to pay plaintiff bonuses for patents which had not issued yet at the time plaintiff’s employment ended. However, since defendants never reduced to writing – until shortly before plaintiff’s employment ended – a change in plaintiff’s wages, defendants have not shown that they acted in good faith or reasonably believed they were not in violation of the Act when they refused to pay plaintiff bonuses for patents which had already issued. Accordingly, plaintiff is entitled to liquidated damages equal to bonuses that he should have received for patents that had already issued when his employment ended.

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Labor & Employment – REDA – Workers’ Compensation – Threatened Claim – Termination – Unsuccessful Training (access required)

Fatta v. M & M Properties Management, Inc. Even though plaintiff was fired shortly after he notified his supervisor that he might be filing a workers’ compensation claim, mere temporal proximity was insufficient to establish that retaliatory motive was a substantial factor in defendant’s decision to terminate plaintiff. In plaintiff’s termination letter, defendant stated that plaintiff’s lack of demonstrated leadership, reflected through his tardiness during training, lack of demonstrated initiative, dealings with challenging customers, phone skills, and inability to embrace defendant’s concepts versus trying to incorporate aspects of full service hotels, was the reason supporting plaintiff’s termination.

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Labor & Employment – REDA – Workers’ Compensation – Threatened Claim – Termination – Unsuccessful Training (access required)

Fatta v. M & M Properties Management, Inc. Even though plaintiff was fired shortly after he notified his supervisor that he might be filing a workers’ compensation claim, mere temporal proximity was insufficient to show that the shortcomings outlined in plaintiff’s termination letter were merely a pretext for firing plaintiff in violation of the Retaliatory Employment Discrimination Act. In the letter, defendant stated that plaintiff’s lack of demonstrated leadership, reflected through his tardiness during training, lack of demonstrated initiative, dealings with challenging customers, phone skills, and inability to embrace defendant’s concepts versus trying to incorporate aspects of full service hotels, was the reason supporting plaintiff’s termination.

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Tort/Negligence – Labor & Employment – REDA – Wrongful Discharge Claim – Defamation – Libel (access required)

Pierce v. Atlantic Group, Inc. Plaintiff claims he was fired for complaining to his superiors about their failure to implement his plan to get defendants’ crane operators certified as required by new regulations. However, plaintiff’s complaints to his superiors did not constitute filing a claim or complaint, initiating an inquiry, investigation, inspection, proceeding or other action, or testifying or providing information within the meaning of the Retaliatory Employment Discrimination Act.

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Tort/Negligence – Wrongful Termination – REDA – Workers’ Compensation Claim – Sheriff – Official Capacity (access required)

White v. Cochran Plaintiff sued the sheriff for violating the Retaliatory Employment Discrimination Act, but her right-to-sue letter referred to the sheriff’s department. Although the complaint does not explicitly say whether plaintiff is suing the sheriff in his individual or official capacity, a review of the complaint indicates that plaintiff is suing the sheriff in his official capacity, which is the same as suing the sheriff’s department. The trial court erred in dismissing the complaint for lack of subject matter jurisdiction. Reversed.

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Labor & Employment – Workers’ Compensation – REDA – Former Employee – Tort/Negligence — Interference With Contract – Blacklisting (access required)

Edwards v. PCS Phosphate Co. Since the N.C. Retaliatory Employment Discrimination Act does not define “employee”, but since a retaliatory discharge claim under REDA can only be brought by a former employee, the court concludes that a former employee can bring a claim under REDA. Defendant’s motion for summary judgment is denied.

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