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January 15, 2011 By nicole

NC Court of Appeals supports employment contract claim

In Lockett v. Sister-2-Sister Solutions, Inc., the North Carolina Court of Appeals reversed the dismissal of a breach of contract claim based on the plaintiff’s employment.  In this case, the plaintiff had an employment contract with the defendant that provided that he could only be fired for cause. The Court held that “an employment relationship that can be terminated by the employer only for cause would succeed in removing an employment contract from the presumption of at-will employment.” Therefore, the plaintiff can have a breach of contract claim for being terminated.

On the other hand, the plaintiff did not present enough evidence to bring his contract claim and North Carolina Wage and Hour Act claim against the company’s owner directly. Thus, the claims against the individual owner were properly dismissed.

Related posts:

  1. Supreme Court affirms COA on employment at will case
  2. NC Court of Appeals upholds jury verdict for employee to collect earned bonuses
  3. Today’s workers’ compensation opinion by the NC Court of Appeals
  4. Today’s workers’ compensation decisions by the NC Court of Appeals

Filed Under: In the News Tagged With: At-Will Employment, Breach of Contract, Case Commentary, Employment Contract, NC Court of Appeals, NC Wage and Hour Act

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