Wrongful Termination Cases

Common pleas court decision affirming resolution that terminated public school teacher's employment contract affirmed trial court did not abuse its discretion by concluding that teacher improperly asserted herself into a situation that was being handled by two others or by refusing to apply R.C. 3319.41(C) because there was no threat to others for the teacher to quell.

Arising out of and in the course of employment work-related activity negligence theory

WORKERS' COMPENSATION - summary judgment Civ.R. 56 genuine issue of material fact compensable workplace injury arising out of employment unexplained slip or fall neutral origin direct benefit.

School board employees were not entitled to statutory immunity on age discrimination and intentional infliction of emotional distress claims because genuine issue of material fact existed as to whether they acted with malice, in bad faith, wantonly, or recklessly in pursuing disciplinary proceedings against appellee. Employees were entitled to immunity as to retaliation claims where court identified no conduct attributable to them in denying summary judgment on the merits of the claim.

SERB did not abuse its discretion in dismissing relator's ULP complaint for lack of probable cause where the plain language of the expiring CBA permitted either party to declare an impasse in negotiations and proceed to mediation when, after 45 days from the expiration of the CBA, the parties were unable to reach an agreement. Objections overruled writ of mandamus denied.

State Human Resources Act, NCGS 126-1 et seq Title 25, Subchapters I and J of NC Administrative Code ALJ required findings of fact and conclusions of law just cause to terminate back pay for procedural violation.

Employee's writ of mandamus denied.

ADA, termination