Author Archives: jsmith

Employer beware the preliminary employment discussions… Modise v. North Carolina Wesleyan College, Inc. No. 5:15-CV-196-BO   Modise v. North Carolina Wesleyan College, Inc. addresses the issue of whether or not an offer of employment can create a binding contract. The court held that there can be a cause of action for breach of contract even […]

It Will Happen   If you are a small employer (between 15 and 100 employees) at some point you will have an EEOC charge filed against you. When that happens, what should you do? After catching your breath and letting the steam release from your ears, you should consult with an attorney who has handled […]

The EEOC Process – Employee If you have never been involved with the EEOC before, either on the side of the employer or as an employee, the process they use to investigate a charge can seem a little confusing, long, or both. Once you have helped guide people through the process a few times it […]

As employment attorneys, we frequently get questions on how an employee or an employer should deal with a charge of discrimination. Our advice almost always has something to do with the EEOC; since, in most situations a charge must be made there before anything else can be done for an employee or an employer has […]

Social Media Bashing – huh?   Lately I have advised a number of employers regarding the problem of former disgruntled employees posting disparaging comments on social media or review boards.   Usually the advice is to notify the former employee to remove the posts or face a defamation suit (assuming the post rises to that level).  […]

Sometimes in workers compensation cases the extent of the injury or injuries is apparent from the outset but more often than not there are underlying issues or injuries that don’t surface until sometime after the initial accident. In order to address latent injuries, North Carolina courts have created what is known as the “Parsons Presumption.” […]