Call Us 919-240-4054Although the Surpreme Court issues opinions throughout its term, many come out towards the back end of the term, which concludes in June. In the last couple of weeks, the Court has issued several decisions which touch on employment law: In Conkirght v. Frommert, the 5-3 majority upheld the company’s denial of pension benefits to […]
Case Commentary
Fourth Circuit rules for plaintiff in sexual harassment case
In Whitten v. Fred’s, Inc., the Fourth Circuit issued an important ruling in a sexual harassment case. The Court concluded that the company-defendant could held liable for sexual harassment by its manager, even if the manager did not have the authority to fire the harassed worker. Although the Court was addressing state law claims, South Carolina anti-discrimination […]
NC Court of Appeals supports wrongful discharge claim
In Combs v. City Electric Supply Company, the Court of Appeals reversed the trial court in large part, concluding that the plaintiff had presented sufficient evidence to support a claim of wrongful discharge in violation of public policy and tortious interference with contract. The Court, however, upheld the dismissal of the plaintiff’s Unfair and Deceptive […]
NC Supreme Court approves Industrial Commission’s transition process
On Friday, in Baxter v. Danny Nicholson, Inc., the North Carolina Supreme Court upheld an Industrial Commission decision that defendants had attacked on the grounds that one of the Commissioners was not authorized to exercise his powers on the day of the decision. The case arose out of the transition when one of the Commissioners was […]
NC Court of Appeals’ latest decisions on workers’ compensation and medical malpractice
Earlier this month, the North Carolina Court of Appeals issued several notable decisions. In Soder v. Corvel Corp., the Court effectively reminded workers’ compensation litigants to timely file their appeals to the Industrial Commission. In this case, after noticing his appeal of the Deputy Commissioner’s decision to the Full Commission, the plaintiff missed his deadline for […]
DC Circuit restricts scope of Lilly Ledbetter Act
The federal D.C. Circuit Court of Appeals issued a decision last month, in Shuler v. PriceWaterhouseCoopers, sharply restricting the scope of the Lilly Ledbetter Fair Pay Act, which President Obama signed into law soon after entering office. The Fair Pay Act extends the timely filing deadlines for certain discriminatory employment actions, specifically those involving “discrimination in […]