North Carolina updates in category: Workplace Discrimination

For many years, career state employees separated from employment under a Reduction-In-Force, or "RIF," could bring an action in the Office of Administrative Hearings appealing such separations. These RIF appeal rights were a necessary protection for state employees. In the past, supervisors at some agencies allegedly used the RIF process, intended to rid the public payroll of redundant...

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When longtime State employee Peggy Anderson applied for a promotion at Whitaker School, she thought she'd get promotional priority - a hiring preference over non-state employees - as the law requires. Instead, a non-state employee got the job. Peggy Anderson decided to fight back. Ms. Anderson hired Brent Adams attorney Michael Byrne, who argued in court that the State failed to give Ms....

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As most state employees know, a written warning is the lowest level of formal discipline imposed under North Carolina personnel policy. Many agencies also have less formal forms of written discipline, such as "supervisor's complaints" (DMV), "TAPS" entries (DOC), and "documented counseling" (DHHS and others). Written warnings carry only internal appeal rights, or none at all. The "lesser"...

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Ten-year North Carolina Department of Motor Vehicles employee Joey Gardner didn't want to be the plaintiff in a whistleblower lawsuit. He just wanted to do his job.A 25-year veteran of North Carolina law enforcement, Gardner is an Assistant Director of DMV's License and Theft Division. License and Theft is the oldest law enforcement unit in North Carolina, being formed in the Twenties to combat...

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