Lexis Nexis Practitioner's Guide to North Carolina Employment Law
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Practitioner's Guide to North Carolina Employment Law is a comprehensive resource that offers practical advice and current, straightforward information and analysis on the status of employment law in North Carolina. The Third Edition of this publication includes the following chapters:
- At-will Employment and Contracts for Employment
- Wrongful Discharge in Violation of Public Policy (WDPP)
- N.C. Retaliatory Employment Discrimination Act (REDA)
- North Carolina Wage and Hour Claims
- Covenants Not to Compete and Trade Secrets
- Employment-related Tort Claims
A must-have resource for your employment law practice, this guide includes an index of sample pleadings for key employment law cases.
Author Laura Wetsch of Winslow Wetsch, PLLC in Raleigh, N.C. is a frequent presenter at CLEs, has chaired both the NCAJ Employment Law Section and the NCBA Labor & Employment Law Council, has been named to both North Carolina Super Lawyers and N.C. Legal Elite for employment law, and co-authored the chapter on North Carolina in the ABA's "Employment At Will: A State-by-State Survey" (BNA 2011).
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Table of contents
CONTENTS
CHAPTER 1. At-Will Employment and Contracts for Employment
I. AT-WILL CONCEPT
II. CONTRACT CLAIM
III. BUT WHAT ABOUT…
IV. REMEDIES
V. STATUTE OF LIMITATIONS
CHAPTER 2. Wrongful Discharge in Violation of Public Policy (WDPP)
I. BACKGROUND
II. ELEMENTS OF THE CLAIM
III. AVAILABILITY OF OTHER REMEDIES/CLAIMS AND PREEMPTION
IV. STATUTE OF LIMITATIONS
V. CASES—CLAIM STATED?
VI. BAD FAITH DISCHARGE?
CHAPTER 3. N.C. Retaliatory Employment Discrimination Act (REDA)
I. HISTORY/TEXT OF REDA
II. ELEMENTS OF CLAIM
III. ADMINISTRATIVE EXHAUSTION
IV. PARTIES
V. PROOF ISSUES
VI. REMEDIES
VII. EMPLOYER'S DEFENSES
VIII. REMOVAL
IX. ARBITRATION
X. REDA AND WDPP
CHAPTER 4. North Carolina Wage and Hour Claims
I. GENERAL
II. BASIC PROVISIONS
III. SPECIFIC COMPENSATION TERMS
IV. YOUTH EMPLOYMENT
V. RECORD-KEEPING
VI. EXEMPTIONS
VII. CAUSES OF ACTION
VIII. REMEDIES
IX. STATUTE OF LIMITATIONS
CHAPTER 5. Covenants Not to Compete and Trade Secrets
I. COVENANTS NOT TO COMPETE
II. TRADE SECRETS
CHAPTER 6. Employment-Related Tort Claims
I. GENERAL
II. TORT DISTINCT FROM CONTRACT – THE "ECONOMIC LOSS RULE"
III. CONSPIRACY THEORY
IV. TORTS IN EMPLOYMENT
SAMPLE PLEADINGS
BREACH OF CONTRACT, SPECIFIC PERFORMANCE
BREACH OF CONTRACT, NCWHA
BREACH OF CONTRACT, BREACH OF COVENANT OF GOOD FAITH AND FAIR DEALING, NCWHA, CIVIL CONSPIRACY, TORTIOUS INTERFERENCE
WDPP, TORTIOUS INTERFERENCE, UDTPA
TITLE VII, WDPP, NEGLIGENT SUPERVISION, CONSTITUTIONAL VIOLATION, NIED, IIED, INJUNCTIVE RELIEF
NEGLIGENT MISREPRESENTATION, BREACH OF CONTRACT, WDPP
REDA
REDA, WDPP, SLANDER, CONVERSION
NCWHA, CIVIL CONVERSION, BREACH OF CONTRACT, EQUITY (REASONABLE RELIANCE)
FLSA (COLLECTIVE ACTION), NCWHA, BREACH OF CONTRACT
BREACH OF CONTRACT (NONCOMPETE, NONDISCLOSURE), TORTIOUS INTERFERENCE, MISAPPROPRIATION OF TRADE SECRETS, UDTPA, COMMON LAW UNFAIR COMPETITION, CIVIL CONSPIRACY, INJUNCTIVE RELIEF
MALICIOUS PROSECUTION, ABUSE OF PROCESS, IIED
INDEX
