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Fired firefighter settles suit against Kernersville for $164K
A Kernersville fire captain who was fired after speaking out about problems he perceived within the department has negotiated a $164,000 settlement from the town. Kevin Bray entered into a settlement agreement with the town during mediation in November, bringing an end to a federal suit that was set to go to a jury trial […]
Fired university employees win $225K
A Wake County jury has awarded more than $225,000 in damages to two women who were fired from a university in Raleigh after raising complaints about wage violations, attorneys for the women report. Laura Noble and Nick Sanservino of The Noble Law Firm in Chapel Hill report that their clients, Sadie Carter and Helen Lytch, […]
CooperRiis to pay $4M in wrongful termination case
In what is being called the largest jury verdict for wrongful termination in state history, an Asheville-area therapist has been awarded $3.6 million after she was allegedly fired for reporting patient neglect at a mental health community. The case later settled for $4 million to resolve additional claims of punitive damages. Laura Haas, 44, accused […]
Labor & Employment — Tort/Negligence – Wrongful Termination – Public Policy – Complaints to Management
Green-Hayes v. Handcrafted Homes, LLC (Lawyers Weekly No. 15-16-0622, 9 pp.) (Wanda Bryant, J.) Appealed from Vance County Superior Court (Lucy Noble Inman, J.) N.C. App. Unpub. Holding: Plaintiff alleges that she complained to management about sex and race discrimination, but she did not file a charge with the EEOC; therefore, plaintiff has not stated […]
Wages, emotional distress both available to fired chief
A former police chief’s $100,000 wrongful termination verdict against a Moore County town survived largely intact after an April 15 ruling in which the North Carolina Court of Appeals held for the first time that lost future wages and emotional distress are both available bases of recovery for terminated employees. Timothy Blakeley was hired as […]
Former DA can’t be sued by assistant, court rules
A one-time Mecklenburg County assistant district attorney who was fired after publicly criticizing his office’s policies will not be able to sue his former boss for wrongful termination, a federal court has ruled.
Labor & Employment – Civil Rights – Retaliation – Public Employee – Tort/Negligence – Wrongful Termination
Johnson v. North Carolina Even though the state has not moved to dismiss plaintiff’s Title VII claims, punitive damages under Title VII are not available against the state. Therefore, the court dismisses plaintiff’s Title VII punitive damages claim pursuant to Fed. R. Civ. P. 12(b)(6).
Tort/Negligence – Schools & School Boards – Abuse of Special Needs Student – Labor & Employment – Public Employees – Teacher – Wrongful Termination – Constitutional
J.W. v. Johnston County Board of Education Since no N.C. appellate court has recognized a fiduciary duty between a middle school student and his principal, superintendent or school board, this court will not so expand N.C. law.
Civil Practice – Discovery – Medical Records – Tort/Negligence – Negligent Infliction of Emotional Distress – Tax Records – Wrongful Termination
Young v. Kimberly-Clark Corp. When plaintiff alleged negligent infliction of emotional distress, she put her medical condition at issue; therefore, she waived the statutory privileges accorded communications between a patient and her medical providers.
Tort/Negligence – Wrongful Termination – REDA – Workers’ Compensation Claim – Sheriff – Official Capacity
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 capa[...]
Workers’ Compensation – Disability – Wrongful Termination – Attorney’s Fees – Penalty
Hawkins v. A & M Auto Body, Inc. Although defendant apparently fired plaintiff for filing a valid workers’ compensation claim, and although plaintiff has been unable to find another job, plaintiff stipulated that his compensable injury did not prevent him from working; therefore, plaintiff is not disabled and is not entitled to temporary total disability benefits. We reverse the [...]
Tort/Negligence – Wrongful Termination – Prior Action Pending – Compulsory Counterclaim – Defamation
Townsend v. Shook. (Lawyers Weekly No. 11-07-0203, 9 pp.) (Sanford Steelman Jr., J.) Appealed from Watauga County Superior Court. (Richard L. Doughton, J.) N.C. App. Click here for the full text of the opinion. Holding: The doctrine of prior action pending does not apply to a case in which an employee filed a claim for […]
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Commentary
- Amotion sees resurgence after almost a decade
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- Ex-president, bar association have made their choice
- Ruling sharpens boundaries in attorney-client privilege
- Lawyers Weekly debuts new and improved web experience
- US Supreme Court bites back at parody’s use of the First Amendment
- Supreme Court leaves key internet protection untouched
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- A Different Ode to Pro Bono Work
- A roadmap to attracting, developing, retaining great associates
