Farr Assocs., Inc. v. Baskin, 138 N.C. App. 276; 530 S.E.2d 878
Jun 06, 2000OUTCOME: Appeals court upheld dsimissal of a consulting firm's action against a former employee for alleged breach of a non-compete
Non-compete contract held unenforceable
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Practice Areas: Business, Employment & Labor, Elder Law
OUTCOME: Appeals court upheld dsimissal of a consulting firm's action against a former employee for alleged breach of a non-compete
Non-compete contract held unenforceable
OUTCOME: Court concluded that alleged continuous and frequent display of Confederate battle flag and noose in the workplace was sufficient to allow jury to find for plaintiff African-Americans in their hostile work environment claims.
Plaintiffs sued defendant employer under Title VII of the Civil Rights Act of 1964, 42 U.S.C.S. § 2000e et seq., alleging hostile work environment, disparate treatment, and unlawful retaliation for the ... ir complaints about such environment and treatment.
OUTCOME: Case remanded to state court after opposing party improperly removed action from state court to federal court
Plaintiffs, former employee and wife, brought an action against defendants, corporation, its directors, and executive director of a political organization and sought compensatory and punitive damages f ... or libel and slander, intentional infliction of emotional distress, negligent infliction of emotional distress, and loss of consortium.
OUTCOME: Employee's state law tort claim against former supervisor was not preempted by the Labor Management Relations Act because resolution of the claim did not require interpretation of the collective bargaining agreement.
Employee filed suit asserting a claim of intentional infliction of emotional distress against her former supervisor, as well as claims premised on principles of respondeat superior and negligent retent ... ion against her former employer. The employer removed the case to federal district court on the ground that the employee's claims were preempted by § 301 of the Labor Management Relations Act, codified at 29 U.S.C.S. § 185.
OUTCOME: N.C. Supreme court upheld Plaintiff contractor’s right to recover for all work performed
Action by a general contractor to collect money due under a construction contract; defendants contended that contractor was barred from recovery because its general contractor's license was classified ... for public utilities and not for highway construction, which contractor had subcontracted to general contractors holding licenses classified for highway construction