Posts

Showing posts with the label lawyer

Sides v. Duke University North Carolina Supreme Court prepared by Raleigh attorney M. Travis Payne

Image
www.edelsteinpayne.com Sides v. Duke University Prior to this case, there was no recognized and established cause of action for a worker to sue a former employer for firing her in violation of public policy. Ms. Sides was allegedly fired for failing to either withhold testimony or testify untruthfully in a wrongful death case against Duke University Medical Center. Firm partner Travis Payne was the trial-level attorney in the case. The North Carolina Supreme Court declined to review the Appellate Court's decision, effectively affirming the decision's value as legal precedent. Here is the court's opinion: Does the complaint which alleges that plaintiff was discharged from her job at Duke University Medical Center in retaliation for her refusal to withhold testimony or testify untruthfully in a lawsuit against some of the defendants state a claim for relief against any of the defendants? That is the only question presented by this appeal. Plaintiff conte...

Pregnancy Discrimination Accommodation Young v UPS Supreme Court Edelstein Payne

Image
FEDERAL EMPLOYMENT LAW UPDATE For the NCAJ Convention 2015 by Vanessa K. Lucas [1] Raleigh, North Carolina     www.edelsteinpayne.com/employment-law I.                    SUPREME COURT               A.        Young v. UPS , 135 S.Ct. 1338 (2015)   PREGNANCY DISCRIMINATION; ACCOMMODATION             Young came to the Supreme Court on writ of certiorari to the Fourth Circuit. The United States became involved as Amicus Curiae supporting Young. Justice Breyer delivered the opinion with Justices Ginsburg, Sotomayor and Kagan joining. Justice Alito wrote a concurring opinion. Justice Scalia wrote a dissent that Justices Kennedy and Thomas joined. Justice Kennedy also filed a dissenting opinion. The court was taske...