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Tag Archives: Termination

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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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 – Public Employees – Termination — Administrative – Exhaustion of Remedies (access required)

James v. Charlotte-Mecklenburg County Board of Education Even though petitioner basically skipped the hearing before the defendant-Board of Education (his counsel stayed only long enough to protest the timing of the hearing), petitioner nevertheless exhausted his administrative remedies by requesting the hearing and appealing the board’s subsequent decision to the superior court in accordance with G.S. § 115C-325(n).

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