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Wrongful Discharge

Nov 30, 2015

Labor & Employment – Tort/Negligence – Wrongful Discharge – Retaliation – Medicare Fraud Report – Intentional Infliction of Emotional Distress

White v. Rite Aid of North Carolina, Inc. (Lawyers Weekly No. 15-02-1081, 8 pp.) (James Dever III, C.J.) 5:15-cv-00309; E.D.N.C. Holding: Plaintiff alleges that he was fired for telling his supervisor about what he believed to be a co-worker’s Medicare fraud; however, plaintiff’s wrongful discharge allegations refer broadly to five articles within the North Carolina […]

Nov 30, 2015

Labor & Employment – Tort/Negligence – Wrongful Discharge – Public Policy – FMLA Violation – Insufficient

Garrett v. Hospira, Inc. (Lawyers Weekly No. 15-02-1080, 5 pp.) (Louise Flanagan, J.) 5:15-cv-00288; E.D.N.C. Holding: Since violation of a statute, standing alone, is not enough to support a claim of wrongful discharge in violation of public policy, and since violations of the Family and Medical Leave Act have not been held to be within […]

Nov 13, 2015

Labor & Employment – Tort/Negligence – Wrongful Discharge – Disability – Temporary Injury – Contract

Hopkins v. MWR Management Co. (Lawyers Weekly No. 15-15-1039, 14 pp.) (Louis Bledsoe III, J.) 2015 NCBC 99 Holding: Although a torn labrum may qualify as “a physical … impairment” under the North Carolina Persons with Disabilities Protection Act (NCPDPA), plaintiff has alleged that – despite the torn labrum he suffered when Clint Bowyer’s race […]

Sep 21, 2015

‘Differently able’ physician awarded $871K after wrongful discharge

On Aug. 26, a Raleigh gynecologist fired after being diagnosed with Parkinson’s disease was awarded more than $871,000, including more than $400,000 in punitive damages, in his lawsuit against the clinic where he was once a partner. The jury also found that the clinic, Raleigh OB/GYN Centre, retaliated against the doctor after he filed a […]

Aug 18, 2015

Labor & Employment – Tort/Negligence – Wrongful Discharge – Civil Rights – Religious Discrimination Claim – Flu Vaccine

Head v. Adams Farm Living, Inc. (Lawyers Weekly No. 15-07-0809, 24 pp.) (Mark Davis, J.) Appealed from Guilford County Superior Court (R. Stuart Albright, J.) N.C. App. Holding: Plaintiff, a Seventh-Day Adventist, made out a prima facie case that the defendant-nursing home discriminated against her on the basis of her religion when it fired her […]

Jun 17, 2015

Former cop fired for withholding knowledge of crimes

A former Albemarle police detective who sued the city for wrongful discharge will receive nothing for his “unsupported speculation,” according to a June 2 North Carolina Court of Appeals ruling. According to the COA’s unpublished opinion in Pope v. City of Albemarle, James Pope had a less-than-stellar record as an officer before his firing in […]

Jun 8, 2015

Labor & Employment — Tort/Negligence – Wrongful Discharge – Reporting Crime – Time Lapse

Pope v. City of Albemarle (Lawyers Weekly No. 15-16-0565, 10 pp.) (Lucy Inman, J.) Appealed from Stanly County Superior Court (W. Erwin Spainhour, J.) N.C. App. Unpub. Holding: The plaintiff-police detective waited six years – until he thought he was losing his job – to report allegations that his partner had stolen from suspects and […]

Jan 14, 2015

Labor & Employment — Pharmacy Violations State Wrongful Discharge Claim

Weidman v. Exxon Mobil Corp. (Lawyers Weekly No. 15-01-0071, 18 pp.) (Gregory, J.) No. 13-2007, Jan. 8, 2015; USDC at Alexandria, Va.; 4th Cir. Holding: A physician who alleges he was fired in retaliation for refusing to participate in his corporate employer’s illegal pharmacy distribution activities states a claim under Virginia law for wrongful discharge […]

Jan 8, 2015

Labor & Employment — Public Employees – Constitutional – First Amendment – Wrongful Discharge Claim – Causation

Feltman v. City of Wilson (Lawyers Weekly No. 15-07-0006, 18 pp.) (Mark Davis, J.) Appealed from Wilson County Superior Court (Quentin Sumner, J.) N.C. App. Holding: Among other allegations, plaintiff’s complaint said, “Because Plaintiff spoke out against [unlawful] practices, she was terminated….” Plaintiff’s allegations sufficiently alleged causation; she was not required to use the ma[...]

Apr 16, 2014

Labor & Employment – Tort/Negligence – Wrongful Discharge – Damages – Emotional Distress – First Impression – Mitigation

Blakeley v. Town of Taylortown (Lawyers Weekly No. 14-07-0338, 25 pp.) (Robert C. Hunter, J.) Appealed from Moore County Superior Court (James Webb, J.) N.C. App. Holding: General compensatory damages for the tort of wrongful discharge include “emotional distress”, i.e., pain and suffering, and a plaintiff need not prove extreme emotional distress or outrageous behavior […]

Feb 7, 2012

Labor & Employment – Tort/Negligence – Wrongful Discharge – Race Discrimination Claim – Attorneys – Mortgage Securitization Work – Performance — Conversion

Springs v. Mayer Brown, LLP Despite significant evidence that plaintiff was performing poorly as an associate at the defendant-law firm, not long before a partner fired her, the same partner filed an affidavit with the New York State Court, Appellate Division, regarding plaintiff’s performance and suitability as a “waive-in” candidate for admission to the New York Bar. In that affid[...]

Feb 25, 2011

State files answer for Mecklenburg D.A. in fired prosecutor’s suit

The N.C. Department of Justice filed an answer last week on Peter S. Gilchrist's behalf in a suit brought against the former Mecklenburg County district attorney in December by Sean P. Smith (pictured), an assistant D.A. Gilchrist fired last year. In his answer, Gilchrist denied that he "acted outside the scope of his official duties" or is subject to any personal liability. He denied violating Sm[...]

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