SGL Carbon Corp

<bold>1. Pleadings — 12(b)(6) motion to dismiss — consideration of documents</bold> <bold>not attached to complaint — motion not converted to summary judgment</bold> <block_quote> A motion to dismiss for failure to state a claim was not converted into a motion for summary judgment where the court considered documents not attached to the complaint. Those documents were referred to in the complaint and formed the procedural basis for the complaint.</block_quote><page_number>Page 253</page_number> <bold>2. Employer and Employee — retaliatory discharge — time limit for claim</bold> <block_quote> The 180-day time limit for filing a Retaliatory Employment Discrimination Act claim with the North Carolina Department of Labor is mandatory even though there is no express statutory consequence for failing to file within the time limit.</block_quote> <bold>3. Statutes of Limitations and Repose — retaliatory discharge —</bold> <bold>time limits for filing</bold> <block_quote> There is no merit in the argument that the 3-year limitations period of N.C.G.S. § <cross_reference>1-52</cross_reference> should control the 180-day filing limit of the Retaliatory Employment Discrimination Act.</block_quote> <bold>4. Employer and Employee — retaliatory discharge — motion to amend —</bold> <bold>additional claim — responsive pleading not filed — futile motion</bold> <block_quote> The trial court properly denied plaintiff's motion to amend his complaint to assert an additional claim under the Retaliatory Employment Discrimination Act based on an alleged post-complaint incident of discrimination where the original claim was time-barred and plaintiff failed to file his additional claim with the N.C. Department of Labor before seeking to add it to his complaint so that allowance of the amendment would have been futile.</block_quote> <bold>5. Employer and Employee; Workers' Compensation — wrongful discharge —</bold> <bold>assertion of workers' compensation rights — amen