EMPLOYMENT LAW UPDATE

EMPLOYMENT LAW UPDATE

Items To Be Discussed:

– Employment at Will

– Nz.C. Trade Secret Act

– Non-Compete/Non-Solicitation Law

– Employment Policies-Electronic/Technology Usage

EMPLOYMENT AT WILL

General Rule:Absent an employment contract for a definite period of time, both employer and employee are generally free to end their employment relationship at any time and without reason.

EMPLOYMENT AT WILL

Policy to Support the General Rule:– Freedom of contract

– Employee cannot be forced to remain at a job

– Employer should not be required to continue employment if no agreement

EMPLOYMENT AT WILL

Public Policy Exception:

NC Courts have adopted a public policy exception to the employment at will rule to allow Employees to file suit for wrongful discharge if terminated by an employer

EMPLOYMENT AT WILL

Examples of Public Policy Exceptions:

1. Sexual harassment

2. Termination of employee for refusing to work for less than minimum wage

3. Termination based upon race, religion, color, national origin or disability by employers that regularly employ 15 or more employees

4. Retaliation/discharge of employee for her testimony in an employment hearing against employer

EMPLOYMENT AT WILL

Examples of Public Policy Exceptions NOT Allowed:

1. Discharge of flight engineer after he refused to fly a non-revenue flight back to NC because he was too tired

2. Discharge of employee because he associated with an out of favor member of the faculty

3. Discharge of employee for refusing to submit to random drug testing

EMPLOYMENT AT WILL

State Statutory Exceptions (Employee Protected)1. Filing worker’s compensation

2. Serving on jury

3. Filing OSHA complaint/testimony

4. Filing ESC proceeding

5. Filing complaint under State Wage and Hour Act

6. Is handicapped (15 or more employees)

7. Has AIDS virus or HIV infection

8. Participated in National Guard service

9. Participated in military service

NON-COMPETE/NON-SOLICITATION

Generally are valid if meet five criteria:

1. In writing

2. Part of an employment contract

3. Valuable consideration

4. Reasonable to time and territory

5. Designed to protect legitimate business interest of employer

N.C. TRADE SECRET ACT

• Protection from: Misappropriation

• Trade Secret Defined

• Remedies

EMPLOYMENT POLICIES

• Use of electronic means owned by employer

• No expectation of privacy

• Cell phone usage while driving

• Texting/emailing while driving

THANK YOU!

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Tel: 919-510-8585 | Fax: 919-510-8570Tel: 919-510-8585 | Fax: 919-510-8570

1200 East Morehead Street • Suite 251 • Charlotte, NC 28204 1200 East Morehead Street • Suite 251 • Charlotte, NC 28204

Phone: 704-496-7495 • Facsimile: 704-496-7480Phone: 704-496-7495 • Facsimile: 704-496-7480

www.vannattorneys.comwww.vannattorneys.com

1720 Hillsborough Street, Suite 200 | Raleigh, NC 276051720 Hillsborough Street, Suite 200 | Raleigh, NC 27605

Tel: 919-510-8585 | Fax: 919-510-8570Tel: 919-510-8585 | Fax: 919-510-8570

1200 East Morehead Street • Suite 251 • Charlotte, NC 28204 1200 East Morehead Street • Suite 251 • Charlotte, NC 28204

Phone: 704-496-7495 • Facsimile: 704-496-7480Phone: 704-496-7495 • Facsimile: 704-496-7480

www.vannattorneys.comwww.vannattorneys.com