Whistleblower Cases

<bold>1. Public Officers and Employees — reinstatement</bold> <bold>to former position — Whistleblower Act — employee</bold> <bold>grievance matters</bold> <block_quote> The trial court did not err by concluding the Whistleblower Act does not apply to plaintiff employee's 1998 suit seeking reinstatement to his former position even though plaintiff contends it constitutes reporting to "another appropriate authority" the violation of a rule or regulation under the Whistleblower Act, because: (1) the lawsuit did not concern matters affecting general public policy; (2) the definition of a protected activity is<page_number>Page 111</page_number> not extended to individual employment actions that do not implicate broader matters of public concern; and (3) the General Assembly did not intend N.C.G.S. § <cross_reference>126-84</cross_reference> to protect a State employee's right to institute a civil action concerning employee grievance matters.</block_quote> <bold>2. Public Officers and Employees — unlawful retaliation</bold> <bold>and discrimination — legitimate nonretaliatory reasons</bold> <block_quote> The trial court did not err by granting summary judgment in favor of defendant employer North Carolina Department of Transportation (NCDOT) based on its conclusion that there was no genuine issue of material fact in a suit where plaintiff employee alleged unlawful retaliation and discrimination by NCDOT based on plaintiff's reporting and litigating unlawful and improper actions and seeking injunctive relief, damages, payment of back wages, full reinstatement of fringe benefits, costs, and attorney fees, because: (1) assuming arguendo that plaintiff engaged in a protected activity, NCDOT presented legitimate nonretaliatory reasons for all of the actions it has taken; and (2) plaintiff acknowledged in his deposition testimony that there were legitimate explanations for the actions he alleged were retaliatory.</block_quote> <bold>3. Public Officers and Employees —