In North Carolina, union employees have to use their contracts to pursue claims they were unfairly fired. They can’t do what at-will employees can do—sue for.
Recent case: Carl Sturdivant, who is black, worked as a unionized elevator mechanic. At one point, he won a race discrimination claim against his employer, resulting in reinstatement with pay.
When he was later fired for fighting with a co-worker, he filed a, alleging he had been discharged because of his race.
But the court tossed out Sturdivant’s claim, explaining thatin North Carolina are only for employees who aren’t covered by a union or other contract. (Sturdivant v. Kone, Inc., No. 3:09-CV-224, WD NC, 2010)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Jury to decide Michigan professor's anti-Gay bias suit
- Discipline with care after FMLA leave: Build solid, performance-based case
- Consistency Erases Risk of Light-Duty Jobs
- Does North Carolina law protect workplace interracial relationships? Federal court punts