Shannon "Missy" Sumerell Spainhour

Missy is a seasoned labor & employment attorney who devotes herself to understanding the business and objectives of each of client, then applying her knowledge and experience to fit each client’s unique needs.

Missy litigates on behalf of employers of all sizes and, sometimes, on behalf of individual supervisors who find themselves caught in the litigation crossfire. Her broad employment litigation experience ranges from discrimination, harassment, whistleblowing, and retaliation to wage and hour matters (including collective and class action matters) to breach of contract issues to restrictive covenants (such as non-compete and non-solicitation agreements) and trade secrets issues to claims of Constitutional violations under the U.S. and N.C. Constitutions and shareholder and LLC member disputes to ERISA litigation. She also litigates the gamut of state law claims associated with the employment relationship, including defamation, infliction of emotional distress, wrongful discharge, tortious interference with contract, assault & battery, breach of fiduciary duty, and unfair & deceptive trade practices.

She has successfully tried cases to favorable jury verdicts, has obtained countless pre-trial dismissals, has taken and defended innumerable depositions, has practiced in the North Carolina appellate courts and before the 4^th Circuit Court of Appeals, has served as a mediator and as counsel for parties in dozens of mediations, and has reached settlements where those are in her client’s best interests.

Missy also represents employers in NLRB and EEOC administrative proceedings and has assisted employers in many other types of administrative proceedings, including with the Employment Security Commission, the 4^th Circuit’s Employment Dispute Resolution (EDR) Plan, and the U.S. and N.C. Departments of Labor.

In her substantial advice and counseling practice, Missy handles day-to-day issues involving hiring, discipline, and termination; wage and hour issues under the FLSA and state laws, and handles issues relating to disability and FMLA and other leave. Missy frequently drafts and reviews Employee Handbooks and policies, Employment Agreements, Separation and Severance Agreements and policies, and Independent Contractor Agreements. She also handles corporate organization and formation and drafts accompanying documents for businesses. She also conducts due diligence and other legal reviews relating to business sales or mergers.

Last but not least, Missy also serves as an independent third-party mediator (certified by the NC Dispute Resolution Commission) of disputes in federal and state courts throughout North Carolina, and in pre-suit contexts as well. She frequently conducts independent workplace investigations, including harassment, discrimination, and retaliation, and is a member of the internationally recognized Association of Workplace Investigators (AWI). She conducts management and employee training on various labor & employment law issues and speaks in the legal and human resources community on various topics as well.

• Recognized in The Best Lawyers in America^® for Litigation - Labor & Employment (2024)
• Legal Elite, Employment Law, Business North Carolina (2008, 2011-2014, 2019, 2022, 2024)
• Legal Elite "North Carolina Women Lawyers", Business North Carolina (2014, 2019)
• Martindale-Hubbell AV Preeminent^® (2018- Present)
• North Carolina Super Lawyers^® (2021-2023)
• North Carolina Rising Stars^®  honoree (2012-2014)
• The Employment Lawyers National Employment Law Directory’s recommended North Carolina employment law attorney, 2022
• Premier Employment Lawyers, exclusive representative attorney for the Asheville/Western North Carolina area, 2019-present

• American Bar Association, Labor and Employment Law Section
• North Carolina State Bar
• North Carolina Bar Association, Labor and Employment Law Section
  • Membership Committee (2022)
• Buncombe County Bar (2013-Present)
• Mecklenburg County Bar (2001-2013)
• Association of Workplace Investigators
• NC Dispute Resolution Commission Certified Superior Court Mediator

Missy enjoys spending time with her husband and two daughters, their Goldendoodle, Ziggy, and their cat, Biscuit. She also enjoys spending time with friends and extended family, practicing yoga, reading, and is an avid (some would say relentless) traveler.

• “Wage & Hour Update,” presented to NC/SC Labor & Employment Law Annual CLE (October, 2014)