Visit Noble Law at the PRIMETIME Expo on September 10

Come visit the Noble Law Firm’s booth at the PRIMETIME Business Expo, hosted by the Chapel Hill and Hillsborough Chambers of Commerce on Thursday, September 10, 2015 from 4:00PM – 7:30PM.  The event will take place at UNC’s Friday Center. At PRIMETIME the movers and shakers in our business community and learn about brag-worthy local products and services to advance your business and personal life! PRIMETIME is free and open to the public and will provide opportunities to enjoy good networking, food and drink, and …
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Even Legal Off-Duty Marijuana Use Can Get You Fired

Marijuana legalization is a hot topic in the United States these days and has presented some interesting new questions in the workplace. Increasingly, states are legalizing or decriminalizing private use of marijuana while the federal government continues to prohibit its use and sale under the Controlled Substances Act. At the intersection of federalism and employment law is a novel question in search of an answer: Can an employer in a state that has legalized marijuana terminate an employee in that …
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Intentional Infliction of Emotional Distress at Work

North Carolina recognizes torts for both negligent and intentional infliction of emotional distress. However, North Carolina courts have instructed that North Carolina law does not permit an action for negligent infliction of emotional distress by an employee against an employer because the Workers’ Compensation Act preempts all claims for negligent injury by employees against employers. Intentional infliction of emotional distress (“IIED”), however, is in a class of torts called intentional torts. This means that a plaintiff must prove that the …
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Should NC Employees Worry About the Computer Fraud and Abuse Act?

Congress passed the Computer Fraud and Abuse Act (“CFAA”) in 1986 to curb hacking practices, especially against the federal government. However, the law’s broad construction lent itself to the law’s use in prosecuting or suing departing employees for unauthorized access or exceeding authorized access of company computers or networks when they download company data for their use after departure. Until a few years ago, such claims made under the CFAA by employers against departed employees were successful in some courts. …
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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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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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