Blogherrmannmurphy2023-12-15T12:10:43-06:00

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May Day and the Virus: Signs of an Employee Awakening

May 1 is International Workers’ Day. Though it is overlooked in the United States, this day, also referred to as May Day, is a public holiday in many countries around the world. It’s a day to celebrate workers and a day for workers to demonstrate and demand more rights [...]

May 1st, 2020|

Keep Calm and Carry On: Working in the Time of the Coronavirus

The COVID-19 pandemic poses a dire public health emergency for the world. The unprecedented worldwide efforts to slow the spread of the disease are causing a deep economic crisis that threatens to be with us even longer than the coronavirus itself. We are all—worldwide—very much in this together. But [...]

March 20th, 2020|

Heads on a Pike: Wrongful Termination in the Age of Trump

On Friday, February 7, 2020, President Donald Trump fired Lt. Col. Alexander Vindman, Ambassador Gordon Sondland, and—as an added bonus—Lt. Col. Vindman’s twin brother, Lt. Col. Yevgeny Vindman. The three were clearly fired because Lt. Col. Alexander Vindman and Ambassador Sondland testified in the U.S. House of Representatives’ impeachment [...]

February 10th, 2020|

Manning the Home Front: Parental Leave Included in 2020 Military Budget Bill

Each year, Congress is called upon to provide for the nation’s military spending through a National Defense Authorization Act. Since it is viewed as a must-pass piece of legislation, Congress is often willing to include unrelated programs and expenditures to ensure its passage. This year’s law included a significant [...]

January 14th, 2020|

Shooting the Messenger: Vilifying Whistleblowers Hurts Everyone

Retaliation undermines the goals of anti-discrimination laws including: Fair pay requirements Safety protections Accounting regulations Environmental safeguards How can employees invoke the rights provided by these laws if they know they will be retaliated against for reporting misconduct? How can they speak up without fear of repercussions to help [...]

October 11th, 2019|

Wars of (Key)Words: The Future of Fights Over Electronically Stored Information

“Seeking justice often involves enduring tedium.” It’s fitting that North Carolina’s first big legal decision on electronically stored information (“ESI”) begins with this observation. Employment lawyers often lament the tediousness of discovering ESI. But the world of paper discovery has long passed, and the fight is now firmly in [...]

August 9th, 2019|

For No Reason At All: Wrongful Discharge in an At-Will World

We often hear of companies citing the “at-will” employment rule when terminating an employee. But what does this really mean? The most common definition of this term is that it describes an arrangement where the employer or the employee can terminate the employment relationship for no reason at all, [...]

July 17th, 2019|

NOTHING TO CROAK ABOUT: What it Takes to Win Age Discrimination Claims in North Carolina

The Fourth Circuit Court of Appeals (covering North Carolina and South Carolina) recently upheld a jury verdict for plaintiff Glenda Westmoreland in  Westmoreland v. TWC Admin. LLC, No. 18-1600 (4th Cir. May 22, 2019). One judge’s fiery dissent has people talking about more than the typical employment discrimination case. [...]

June 6th, 2019|

Greater Expectations: Moms-to-Be Need Better Job Protection

On May 9, 1914, President Woodrow Wilson signed a proclamation carving out the second Sunday in May as Mother’s Day. The proclamation called upon Americans to display Old Glory on public buildings and their homes in “a public expression of our love and reverence for the mothers of our [...]

May 10th, 2019|

Pay ‘Em Like Beckham

International team sports have long been plagued by gender discrimination, and US soccer is no exception. The US Women’s National Soccer Team’s (“WNT”) recently-filed lawsuit gets directly at this issue and confronts some difficult questions. The US Senior Men’s National Soccer Team (“MNT”) hasn’t exactly been setting the world [...]

April 10th, 2019|

Good Test-Takers: Holding Drug Testing Facilities Accountable for Wrong Tests

North Carolina law imposes a detailed list of requirements on employment-related drug testing. But the courts have long held that employers who fire employees on the basis of false positive  drug tests are not liable for the harm inflicted on these innocent employees. However, on Wednesday, the South Carolina [...]

March 25th, 2019|

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Kevin Murphy of Herrmann & Murphy

Kevin Murphy

Sean Herrmann of Herrmann & Murphy

Sean Herrmann

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