Shooting the Messenger: Vilifying Whistleblowers Hurts Everyone

Retaliation undermines the goals of anti-discrimination laws including:Fair pay requirementsSafety protectionsAccounting regulationsEnvironmental safeguardsHow 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 the government stamp out fraud?They can’t.Retaliation is [...]

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|

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|

The Sound of Silence: Another Look at Witness-Silence Agreements

By Kevin Murphy The ethical pitfalls of non-disclosure agreements have received renewed attention in the wake of the #MeToo movement. Less frequently discussed — but equally problematic for prosecuting sexual harassment and other employment law cases — are agreements that prohibit individuals from serving as witnesses in other cases. [...]

January 28th, 2019|

District Court Holds that Pregnancy Fits Within the NCEEPA’s Prohibition of “Sex” Discrimination

By Sean Herrmann In 2017, the North Carolina Supreme Court decided N.C Dept. of Corrections v. Gibson, 308 N.C. 131 (2017). Gibson frequently appears in wrongful discharge in violation of North Carolina public policy (“WDPP”) briefs, especially when the plaintiffs’ claims rely on the North Carolina Equal Employment Practices [...]

January 10th, 2019|

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Kevin Murphy of Herrmann & Murphy

Kevin Murphy

Sean Herrmann of Herrmann & Murphy

Sean Herrmann

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