Author Archives: nobledev_admin

Business NC Magazine Has Recognized Laura Noble of The Noble Law Firm Among the State’s Legal Elite Three Years Running from 2014-2016

Since 2002, Business North Carolina magazine has honored Tar Heel lawyers by publishing Business North Carolina’s Legal Elite, a listing of the state’s top lawyers in business-related categories. Winners are chosen not by BNC editors but by the state’s lawyers. Business North Carolina’s Legal Elite has become the model for other awards and lists, but it remains unique as the only award that gives every active lawyer in the state the opportunity to participate. Business North Carolina’s Legal Elite includes …
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What to Expect at a Consultation

If you’ve never met with an attorney before (or even if you have), you’re probably wondering what to expect at the consultation you’ve scheduled with an employment attorney. You should expect that the attorney will: Introduce herself or himself and tell you a little about her or his background; Explain that the content of your meeting will remain confidential and are protected by the attorney-client privilege as long as you do not disclose the content to third parties; Explain that …
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Fraud in the Inducement in the Employment Context

North Carolina does recognize a cause of action for employees who fall prey to an employer’s promise to employ without an intent to do so.  However, the plaintiff bears the burden of proving that the employer did not intend to honor its promises regarding employment at the time they were made. One North Carolina case demonstrates why these kinds of claims are hard hills to climb.  In February 2007, Eli Research, Inc. engaged Lyn Hittle in employment discussions in which Eli offered Hittle an …
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President Obama to Sign Executive Order Curbing LGBT Employment Discrimination

Yesterday, President Obama pledged that he would sign an executive order that would prohibit federal contractors from discriminating on the basis of sexual orientation or gender identity. Because federal contractors employ 22% of the American workforce, the impending executive order will serve as an important step in eliminating discrimination against LGBT people in the workplace. While the executive order will not protect all LGBT workers in the private labor market, it is a step in the right direction. Employment opportunities should …
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Emotional Distress Damages Allowed in Wrongful Discharge Suit

While North Carolina follows the employment at will doctrine, North Carolina courts recognize specific exceptions to that doctrine based upon a violation of public policy. If an employer terminates an employee for reasons that violate a specific expression of state public policy, the plaintiff may pursue a wrongful discharge claim to remedy the personal injury suffered. Very recently, the North Carolina Court of Appeals analyzed the kinds of damages that a jury may award in a successful wrongful discharge action. …
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A Fool’s Resignation on April 1

Yesterday, I posted an April Fools’ Day piece for employers.  Today, having been given some golden material by a friend of mine who ACTUALLY played this April Fool’s prank on his managers, I’m doing a belated April Fools’ Day lesson for employees.  (He didn’t consult me before doing this, obviously). The following is an example, for several reasons, of a prank NOT to play on April Fools’ Day (or the other 364 days of the year)… This e-mail went out …
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Off the Clock

I’ve heard employees say, “My employer tells me to clock out once I have reached 8 hours in the day, even if I haven’t finished my work.”  If you worked past when you clocked out, can you get paid for it?  If you actually worked more than 40 hours — even if your employer has a policy against working unauthorized overtime – do you still have a right to be paid for it? The answer to both questions is yes …
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More than a Hunch

A federal court in Washington recently took up the case of a Muslim software architect who claimed harassment on the basis of his religion and national origin.  After staying in a room numbered 911 at a hotel on a business trip, he believed someone at his company booked him in that particular room to harass him because they knew that his first name is Mohammed, in order to remind him of the 9/11 terror attacks.  The case is Rahman v. …
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Service of Process via Social Media?! Yep.

A federal court in Virginia recently allowed service of the summons and complaint in a lawsuit via Facebook, LinkedIn and e-mail.  While that lawsuit involves trademark infringement, the implications are far-reaching and indicative that some courts have begun to get cozy with the central role of social media and technology in our rapidly changing society. After having first notified him of his infringement by Skype and e-mail, the plaintiff in the Virginia case sued an app developer in Turkey, but …
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What protections are there for “whistleblowers”?

Ever witnessed something going on at work that you suspected was fraudulent or illegal?  Public policy encourages people in your position to speak up and the law comports with public policy by attempting to protect those who do from retaliation in employment. We commonly refer to these insiders with information as whistleblowers.  The term is pretty self-explanatory – it describes persons who blow the whistle on bad actors and fraudulent or illegal activity in which their employer is knowingly engaging. …
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