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Tag Archives: Wrongful-Discharge Claim

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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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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Labor & Employment – Tort/Negligence – Wrongful Discharge Claim – At-Will Employee – Intentional Infliction of Emotional Distress (access required)

Payne v. Whole Foods Market Group, Inc. Plaintiff alleges he was treated rudely at work and was fired after he was late because his truck broke down. None of plaintiff’s allegations take him out of the at-will employment rule. Defendant’s motion to dismiss is granted.

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Labor & Employment – Public Employees – Termination – Photos – Disability – Wrongful Discharge Claim – Resignation (access required)

Blair v. Randolph County Board of Education Even though plaintiff has alleged a disability, she has also alleged that her employment was terminated because of ("perfectly innocent") photos of her that were posted on a restaurant's website. Thus, plaintiff has failed to allege a causal relationship between her disability and the termination of her employment. Plaintiff has failed to state a claim under the N.C. Persons with Disabilities Protection Act. We affirm the trial court's order granting defendants' motion to dismiss.

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Outgoing Mecklenburg D.A. sued over firing (access required)

Outgoing Mecklenburg County District Attorney Peter S. Gilchrist III was sued Dec. 15 by former Assistant District Attorney Sean P. Smith in the U.S. District Court for the Western District of North Carolina. Smith was elected district court judge in November. Gilchrist terminated Smith in July after Smith gave an interview to Charlotte's FOX affiliate about a driving school program Gilchrist developed with the Safety and Health Council of North Carolina in the 1990s.

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Labor & Employment – Tort/Negligence – Wrongful-Discharge Claim – Public Employees – Policy Disagreements – Police Officer (access required)

McQueen v. City of Hamlet. Plaintiff's complaint alleges disagreements over city and police department procedures, but he does not identify any public policy, state or federal statute, or city ordinance that was violated by defendants. Therefore, plaintiff failed to . . .

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