Robin E. Shea

Robin E. Shea

Constangy, Brooks, Smith & Prophete, LLP

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Latest Posts › Wrongful Termination


NC “bathroom bill” – the latest developments

It’s been a while since I’ve written about H.B. 2, the North Carolina “bathroom bill,” and I need to get with it. Wrongful discharge claim based on discrimination is back. As we expected, on July 18, Gov. Pat McCrory...more

7/22/2016 - Cause of Action Accrual Gender Identity Governor Pat McCrory Hiring & Firing Statute of Limitations Wrongful Termination

“EEO” Wrongful Discharge May Soon Return To North Carolina

I don’t plan to post much more about North Carolina’s HB 2 “bathroom bill” until we start getting court decisions, but this is newsworthy. As I’ve previously noted, HB 2 had a provision that eliminated the cause of...more

7/6/2016 - EEO General Assembly Hiring & Firing Statute of Limitations Wrongful Termination

This Just In: Gov. McCrory Signs Executive Order Backing Wrongful Discharge For “EEO” Discrimination

Thanks very much to the colleague who just sent me this. Gov. Pat McCrory (R) of North Carolina has signed Executive Order No. 93, which is somewhat of a backtrack on HB 2....more

4/13/2016 - EEO Executive Orders Governor Pat McCrory Wrongful Termination

More On HB 2 And Wrongful Discharge: My Response To Charlotte Magazine

For the background on this situation, please see my post from Friday on HB 2. I spoke for almost an hour Friday evening with reporter Greg Lacour from Charlotte Magazine, and he asked me to go through his April 4 article “The...more

4/11/2016 - EEOC Employee Restrooms Hiring & Firing LGBT Wrongful Termination

Ignore The Hype: Here’s What Employers Need To Know About North Carolina’s HB 2

Argh! I was hoping not to have to talk about HB 2 again (North Carolina’s notorious “bathroom bill”), but there has been so much misinformation about what it did to wrongful discharge claims that I’ve just gotta....more

4/8/2016 - Corporate Counsel EEOC Employee Restrooms Hiring & Firing LGBT Popular Statute of Limitations Wrongful Termination

Suit Seeks To Block N.C. “Bathroom Bill”

Of significance to employers, the bill, which was signed into law last Wednesday, eliminates the common-law cause of action for wrongful discharge based on “EEO” discrimination....more

3/29/2016 - Common Law Claims EEO Employee Restrooms Equal Protection New Legislation Sex Discrimination State Law Claims Title IX Universities Wrongful Termination

N.C. “Bathroom Bill” Has A Bomb For Wrongful Discharge Plaintiffs

Big news for employees and employers in North Carolina — the General Assembly enacted a bill on Wednesday (signed by Gov. Pat McCrory (R) within hours) that was primarily intended to preempt a certain high-profile municipal...more

3/25/2016 - EEOC Employment Discrimination Hiring & Firing LGBT Sex Discrimination Wrongful Termination

As The Rotunda Turns . . . Affair, Coverup, Retaliation — And Lawsuit Against State House

You may have heard about the two Tea Party legislators in Michigan who were having an affair, engaged in a bizarre cover-up that failed, had to resign/were expelled, and then lost their election bids to get their seats back....more

12/14/2015 - Defamation Free Speech Hiring & Firing Political Scandals Retaliation Whistleblower Protection Policies Wrongful Termination

Be Thankful You’re Not An Employment Law Turkey

Well, it’s that time of year again – what are you thankful for? Here are some Human Resources and employment law matters for which I am thankful. Please feel free to add your own in the comments....more

11/27/2015 - Discrimination Hiring & Firing Sexual Harassment Termination Wrongful Termination

Before You Sue: 10 Questions Every Employee Should Ask

Last week, we talked about 20 things an employer should ask itself before terminating an employee. In the interests of fairness, here are 10 things that an employee should ask before suing an employer. You should know that I...more

11/23/2015 - Employment Discrimination Evidence Wrongful Termination

Before You Fire: 20 Questions Every Employer Should Ask

Here are 20 questions that every employer should ask itself before going ahead with a termination. If you think I’ve missed anything, please feel free to add your own in the comments....more

11/16/2015 - Collective Bargaining Agreements (CBA) Employment Discrimination Employment Policies Hiring & Firing Popular Protected Concerted Activity Wrongful Termination Young Lawyers

Can You Terminate An Employee For Acting In Self-Defense? Maybe Not.

The case, Ray v. Wal-Mart Stores, involved two incidents at two different Utah Wal-Mart stores and five former employees. Under Wal-Mart policy, employees are required to “disengage” from an individual with a weapon or who...more

9/28/2015 - No-Confrontation Policies Self-Defense Theft Wal-Mart Wrongful Termination

Is Protected Activity Part Of Your Job? You May Still Be Protected.

If you try to prevent or end workplace discrimination as part of your job, is it legal for your employer retaliate against you? Inquiring HR professionals, in-house lawyers, and counselors want to know!...more

8/14/2015 - EEOC Employment Discrimination Failure To State A Claim Manager Rule Managers Protected Activity Retaliation Reversal Sexual Harassment Title VII Wrongful Termination

5 Ways Employers Can Spend A Lot Less Time In Court

“An apple a day keeps the doctor lawyer away.” Here are five easy and inexpensive things that employers can do to minimize their risk of being sued and maximize their chances of victory if they do get sued. None of these...more

8/8/2015 - Complaint Procedures Corporate Counsel Disclosure Employer Liability Issues Employment Discrimination Exempt-Employees FLSA Information Sharing Misclassification Non-Exempt Employees Wrongful Termination

How Much, Er, Discovery Is Allowed In A Transgender Lawsuit?

Well, this should be interesting. As I’ve reported before, the Equal Employment Opportunity Commission has sued a funeral home chain in the Detroit area for terminating Aimee Stephens, a transgendered woman, because she...more

7/31/2015 - Discovery Discrimination EEOC Gender Discrimination Gender Identity Transgender Wrongful Termination

Employment Law Autopsy: “Old Fart” Gets Fired

Here’s a lesson: Don’t call your employee an “old fart,” especially if you think you may need to fire him someday. And don’t call his co-workers “old farts” right before you fire the co-workers. ...more

7/24/2015 - Age Discrimination Corporate Counsel Hiring & Firing Wrongful Termination

Year-End Employment Law Roundup — Happy 2015!

Happy New Year, everyone! While I’ve been out for the holidays, the courts and government agencies have stayed busy with employment law matters. Here are the developments that I thought were especially noteworthy...more

1/2/2015 - Attorney's Fees EEOC Employer Group Health Plans FMLA Minimum Wage Religious Discrimination Wage and Hour Wrongful Termination Young Lawyers

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