• Skip to main content
  • Skip to primary sidebar
  • Skip to footer

North Carolina Personal Injury & Workers Compensation Attorneys

  • facebook
  • twitter
  • instagram
  • linkedin

Call Us 919-240-4054

Main navigation

  • Workers’ Comp
    • Durham, NC
      • Brain Injury Lawyer
      • Burns and Explosions Lawyer
      • Chemical Exposure Lawyer
      • Construction Accident Lawyer
      • Durham Back Injury Lawyer
      • Healthcare Workers and COVID-19 Lawyer
      • Occupational Disease Lawyer
      • Union Member Lawyer
      • Workplace Violence Lawyer
    • Charlotte, NC
  • Bicycle Crashes
    • Charlotte, NC
  • Personal Injury
    • Durham, NC
      • Burn Injury Lawyer
      • College Campus Injury Lawyer
      • Car Accident Lawyer
      • Catastrophic Injury Lawyer
      • Motorcycle Accident Lawyer
      • Premises Liability Lawyer
      • Product Liability Lawyer
      • Truck Accident Lawyer
    • Charlotte, NC
      • Brain Injury Lawyer
      • Burn Injury Lawyer
      • Car Accident Lawyer
      • Catastrophic Injury Lawyer
      • Premises Liability Lawyer
      • Motorcycle Accident Lawyer
      • Product Liability Lawyer
      • Truck Accident Lawyer
  • Wrongful Death
    • Durham, NC
    • Charlotte, NC
  • Our Lawyers
    • Ann Groninger
    • Valerie Johnson
    • Drew Culler
    • Jennifer Segnere
    • Request a Speaking Engagement
  • Resources
    • Law Blog
    • Our Community
  • Contact Us
  • Español

April 5, 2010 By nicole

NC Court of Appeals supports wrongful discharge claim

In Combs v. City Electric Supply Company, the Court of Appeals reversed the trial court in large part, concluding that the plaintiff had presented sufficient evidence to support a claim of wrongful discharge in violation of public policy and tortious interference with contract. The Court, however, upheld the dismissal of the plaintiff’s Unfair and Deceptive Trade Practices Act (UDTP) claim.

The plaintiff’s case was based on the allegation that his former employer, City Electric Supply Company, terminated him in retaliation for reporting that the company was stealing from its customers’ accounts. The plaintiff brought three claims: wrongful discharge in violation of public policy, tortious interference of contract, and the UDTP claim. At the close of plaintiff’s evidence the trial judge granted the Defendants’ Motion for a Directed Verdict and entered a judgment in favor of defendants.

The Court of Appeals reversed the trial court’s decision to grant a directed verdict on the wrongful discharge and tortious interference claims because the plaintiff presented “more than a scintilla of evidence” in support of each element of these claims. Crucially, the Court found that there was sufficient evidence that the company had committed criminal conduct, and that the plaintiff was terminated for reporting this conduct.

The Court, however, affirmed the directed verdict on the UDTP claim because the employment dispute between the parties did not include any conduct that would constitute activity “affecting commerce.'” According to the Court, a retaliation claim is simply an employment dispute and does not fall within the purview of the UDTP statute.

Related posts:

  1. NC Court of Appeals cases on REDA and appellate procedure
  2. Today’s workers’ compensation opinion by the NC Court of Appeals
  3. Today’s workers’ compensation decisions by the NC Court of Appeals
  4. 4th Circuit rejects STAA retaliation claim

Filed Under: In the News Tagged With: Case Commentary, NC Court of Appeals, Retaliation, UDTP, Wrongful Discharge

Primary Sidebar

Primary Sidebar

Contact us

Occupation

  • Bus Drivers
  • Construction Workers
  • First Responders
  • Police Officers
  • Truck Drivers
  • State Employees Workers’ Compensation Lawyers in Charlotte
  • Experienced Union Members Attorneys in North Carolina

Injury

  • Asbestos Exposure
  • Durham Back Injury Lawyers
  • Burns and explosions
  • Chemical Exposure
  • COVID-19 and Healthcare Workers
  • Occupational Diseases
  • Workplace Violence

Free Legal Resources

  • Workers’ Compensation 101
  • 8 Questions to Answer Before You Are Ever in a Wreck
  • Essentials for Workers’ Comp Success
  • Help for Families of North Carolina Burn Victims

Locations

Durham Office

300 Blackwell St. #101,
Durham, NC 27701

Phone: (919) 240-4054

Fax: (888) 412-0421

Charlotte Office

1018 East Blvd. #6
Charlotte, NC 28203

Phone: (704) 200-2009

Fax : (888) 412-0421

Practice Areas

Workers Compensation | Bicycle Crashes | Personal Injury

OTHER PRACTICE AREAS

Crisis Management | Employment Law | Mass Torts | Camp Lejeune Water Contamination | Vaccine Injury | Resort & Recreational Activity Injuries | Workers Comp Wage & Hours Disputes | College Campus Injuries | Drunk Driving Injury victim | Industrial Accidents | Inadequate Security Claims | Workplace Injuries | Covid 19 – Business Interruption | Workplace Injury 3rd Party Claims

Copyright Johnson & Groninger PLLC