Posts in Employment at Will.

Whenever I think I've heard everything, I hear something else.

How much do you know about this old legal concept?

DEAR READERS: Before you accuse me of legal malpractice, take a look at tomorrow's date.  

Habit 1: Discriminate, retaliate, harass -- have a ball! There's a new sheriff in town, with a more employer-friendly, compliance-assistance-oriented U.S. Department of Labor (we think) and the nullification of burdensome regulations like the gone-and-not-lamented Fair Pay and Safe ...

Walter Olson of the great Overlawyered.com sent a challenge over Twitter earlier this week:

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For those of you who don't know Mr. Olson, he's a libertarian.  :-)

I have to admit, I needed time to process this! I complain about these laws all the time, but would I really want to get rid of all protections for employees who want to organize, be paid a fair wage, avoid being thrown out on the street ...

It's been a while since I've written about H.B. 2, the North Carolina "bathroom bill," and I need to get with it.

Wrongful discharge claim based on discrimination is back. As we expected, on July 18, Gov. Pat McCrory signed into law H.B. 169, which amends H.B. 2 by restoring the cause of action for wrongful discharge in violation of public policy based on the North Carolina Equal ...

I don't plan to post much more about North Carolina's HB 2 "bathroom bill" until we start getting court decisions, but this is newsworthy.

As I've previously noted, HB 2 had a provision that eliminated the cause of action for wrongful discharge in violation of public policy based on violations of the N.C. Equal Employment Practices Act, NCGS Section 143-422.2. That law says that it ...

This will be my last "analysis" post on the wrongful discharge provisions of North Carolina's HB 2. (I know you are heartbroken!)

I'll continue to post on breaking HB 2-related news as it develops.

Several commenters disagreed with my contention that Charlotte's human rights ordinance, which was amended to include LGBT rights and then nullified by HB 2, would have been ...

NOTE FROM ROBIN: As you know, my main collaborator on HB2-related developments has been my law partner, Jon Yarbrough, who is in our firm's Asheville Office. Jon has offered his thoughts about Executive Order No. 93, which Gov. Pat McCrory (R) signed yesterday.

My initial thought is that Executive Order No. 93 is a whole bunch of nothing cloaked as something.JWY

No. 1 - Regarding ...

Thanks very much to the colleague who just sent me this. Gov. Pat McCrory (R) of North Carolina has signed Executive Order No. 93, which is somewhat of a backtrack on HB 2. Of interest to our readers in the employment community, the Governor declares that he supports restoration of the common-law cause of action for wrongful discharge based on violation of the state Equal Employment ...

For the background on this situation, please see my post from Friday on HB 2. I spoke for almost an hour Friday evening with reporter Greg Lacour from Charlotte Magazine, and he asked me to go through his April 4 article "The HB 2 Provision Few Are Talking About" point-by-point and tell him exactly what I thought was inaccurate. I did, and he told me he was going to publish a correction. I ...

Robin Shea has more than 20 years' experience in employment litigation, including Title VII and the Age Discrimination in Employment Act, the Americans with Disabilities Act (including the Amendments Act). 
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