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Mar 20, 2023

Employee termination best practices: Exit interviews, final paychecks

by Missy Oakley and Becky Zuschlag BridgeTower Media Newswires Exit interviews are a very useful tool and can provide valuable information to an employer to help avoid future claims and improve employee retention. They are also the perfect time to provide a departing employee with their final paycheck in compliance with Oregon’s tight timelines. Exit […]

Nov 15, 2017

Contract – Termination – ‘No Reason or Any Reason’ – Retaliation – Corporate

Serenity Counseling & Resource Center, Inc. v. Cardinal Innovations Healthcare Solutions (Lawyers Weekly No. 012-176-17, 10 pp.) (Lucy Inman, J.) Appealed from Guilford County Superior Court (Anderson Cromer, J.) N.C. App. Unpub. Holding: Even if defendant terminated the parties’ contract because plaintiff’s president testified against defendant in unrelated litigation, since the parties�[...]

Oct 6, 2016

Contract – Termination – Convenience or Cause – Refund Claim – Costs & Fee

Duke Energy Florida, Inc. v. Westinghouse Electric Co. (Lawyers Weekly No. 004-019-16, 16 pp.) (Max Cogburn Jr., J.) 3:14-cv-00141; W.D.N.C. Holding: Even though plaintiff, the owner of a nuclear power plant construction project, did not obtain a Combined Operating License by the date set out in the parties’ contract, since the parties amended the contract […]

Sep 14, 2016

Labor & Employment – Public Employees – Termination – No Good Cause – Inspector – Wife’s Company

Little v. Department of Transportation (Lawyers Weekly No. 040-002-16, 11 pp.) (Fred Morrison, S. ALJ) 16 OSP 05294 Holding: Although petitioner’s job with respondent required petitioner to inspect car dealerships, and although as part of petitioner’s sporadic, unpaid work for his wife’s fire extinguisher company he serviced fire extinguishers at those same dealerships, considering petitione[...]

Jun 29, 2016

Labor & Employment – Public Employees – Termination – Credentials – Civil Practice – Service of Process

NC Department of Public Safety v. Owens (Lawyers Weekly No. 011-215-16, 15 pp.) (Chris Dillon, J.) Appealed from Lenoir County Superior Court (Paul Jones, J.) N.C. App. Holding: The Highway Patrol acted arbitrarily when it (1) refused to allow the respondent-employee to maintain the certifications required for his job and then (2) fired him for […]

Apr 6, 2016

Labor & Employment – Public Employees – Termination – Just Cause – Customer Interaction – Failure to Report

Barron v. Eastpointe Human Services LME (Lawyers Weekly No. 011-102-16, 33 pp.) (Linda McGee, C.J.) Appealed from Greene County Superior Court (Paul Jones, J.) N.C. App. Holding: Petitioner’s dismissal was supported by his non-professional personal cell-phone communications with an agency customer and a failure to report that customer’s complaint. We reverse the superior court’s decision, [&[...]

Aug 13, 2014

Workers’ Compensation – Suitable Work – Unjustified Refusal – Termination – No-Show Policy

Morgan v. Interim Healthcare (Lawyers Weekly No. 14-16-0782, 20 pp.) (Wanda Bryant, J.) Appealed from the Industrial Commission. N.C. App. Unpub. Holding: The clerical position that defendant offered to plaintiff was within her medical restrictions; in fact, she performed the duties of the position for four hours a day after her compensable back injury. Furthermore, […]

Oct 2, 2012

Labor & Employment – Public Employees – Termination – Personal Misconduct – Arbitrary Decision – Bipolar Disorder – New Medication

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.”

Sep 19, 2012

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

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 wa[...]

Aug 1, 2012

Labor & Employment – Civil Rights – Race & Age Discrimination Claims – Termination – Suspicion of Theft

Stephens v. Neal’s Pallet Co. Even though plaintiff’s supervisor made two or three racist remarks about his employees, none of these remarks shared a nexus with plaintiff’s dismissal. Such evidence is insufficient to show that plaintiff was fired for discriminatory reasons.

Jul 20, 2012

Labor & Employment – Public Employees – Termination — Administrative – Exhaustion of Remedies

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 acco[...]

Apr 26, 2012

Labor & Employment – REDA – Workers’ Compensation – Threatened Claim – Termination – Unsuccessful Training

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 plaint[...]

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