— Posts About NC Wage and Hour Act

NC Court of Appeals Supports Employment Contract Claim

In Lockett v. Sister-2-Sister Solutions, Inc., the North Carolina Court of Appeals reversed the dismissal of a breach of contract claim based on the plaintiff’s employment.  In this case, the plaintiff had an employment contract with the defendant that provided that he could only be fired for cause.  The Court held that “an employment relationship that can be terminated by the employer only for cause would succeed in removing an employment contract from the presumption of at-will employment.”  Therefore, the plaintiff can have a breach of contract claim for being terminated.

On the other hand, the plaintiff did not present enough evidence to bring his contract claim and North Carolina Wage and Hour Act claim against the company’s owner directly.  Thus, the claims against the individual owner were properly dismissed.

Categories: Judicial Decisions Tags: , , , , , ,

Reply Brief Filed for Simmons Appeal in Fourth Circuit

In Simmons v. United Mortgage and Loan Investment, LLC, we have filed this reply brief with the Fourth Circuit Court of Appeals in this wage and hour case.  See here for a summary of the case.   Ann Groninger, Burton Craige, and Narendra Ghosh are representing the plaintiffs, who are seeking to remedy the company’s failure to pay overtime to themselves and other Junior Asset Managers.  Here is a summary of our argument to the Court:

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Categories: News of the Firm Tags: , , , , , , , , , , , ,