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.
Author Bio
Valerie Johnson
Founder
Valerie Johnson is a North Carolina personal injury and workers’ compensation attorney dedicated to helping injured and working people across the state. A board-certified specialist since 2000, she is the Immediate Past President of the North Carolina Advocates for Justice and author of North Carolina Workers’ Compensation Law: A Practical Guide to Success at Every Stage of a Claim.
