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What is New in Labor and Employment?

Recent Exemption in Non-Compete Agreements in North Carolina

Be on the look out for this exemption for non-compete agreements.  If you are in a very specialized area of practice, the typical rules may not apply.  For instance, in a recent case, the Court of Appeals indicated that a non-compete and non-solicitation agreement was unenforceable because it violated public policy.  Restricting the defendant-doctor’s ability to practice in the most populated areas of North Carolina when there are very few doctors practicing in his area, and even fewer who perform some of the procedures he could perform raised a substantial question of potential harm to public health.  Therefore, the restrict contract was unenforceable.

Can I Win Damages for Age Discrimination at Work?

A recent case reinforces the potential payout of an age based termination claim. The 61 year old woman who sued her past employers of thirty years won $334,500 by jury, as the evidence indicated she was fired as a direct result of her age and not on the basis of factors such as worker misconduct or unsatisfactory quality of work.

Labor and Employment – Legal Framework in Sex Discrimination Claims

A ruling in a sex discrimination case was reversed in appellate court to favor the defendant due to a misapplication of legal framework by the administrative law judge. The plaintiff’s claim that a man was hired over her on account of gender was first regarded under McDonnell Douglas framework, which is applied to prima facie cases in which the overall burden of persuasion falls to the plaintiff. However, since the defendant explicitly included gender diversity as a reason the man was hired over the plaintiff, the sex of applicants was necessarily a factor in that hiring and therefore the Price Waterhouse framework should have been applied. Under this framework, the defendant must be able to prove they would have made the same decision regardless of gender to avoid liability.

Contact an Experience Law Firm for Your Case

The attorneys of Strauch Green & Mistretta, P.C. are dedicated to delivering positive results for our clients. We take pride in offering the best counsel, and working with our clients to provide a suitable outcome for their case. Contact us at either our Raleigh office or the Winston-Salem location, or submit the online contact form below to discuss your case.

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