11/17/2022
I spend most of my time with my small firm helping small businesses navigate tricky HR situations. I also litigate a handful of claims in state and federal courts each year, and I spend a significant amount of time carefully researching caselaw and unique employment law legal situations. I've always been interested in the many unique 'you couldn't make that up if you tried' real life HR situations that make binding caselaw precedent.
Post #1: The N.C. Constitution's Fruits of Your Own Labor Clause:
"In his first experience negotiating the surrender of an armed and barricaded suspect, without another negotiator backing him up, Durham Police Sergeant Michael Mole’ might have given up when the suspect's gun discharged at close range. He didn't, and two hours later he had persuaded the suspect to drop his weapon and surrender. The suspect, other citizens, and law enforcement officers were safe. But Sergeant Mole’ was fired because he had secured the suspect's surrender by promising to allow him to smoke a ma*****na cigarette once in custody, and he made good on the promise immediately following the arrest. Sergeant Mole’ sued the City of Durham, alleging that his employer violated his rights under the North Carolina Constitution. The trial court dismissed his complaint pursuant to Rule 12(b)(6) of the North Carolina Rules of Civil Procedure. Because the complaint alleges a colorable violation of Article I, Section 1 of the North Carolina Constitution, which protects each person's right to enjoy the fruits of their own labor, we hold the trial court erred in dismissing that claim."
Mole' v. City of Durham, 2021-NCCOA-527, ¶¶ 1-3, 279 N.C. App. 583, 584, review allowed sub nom. Mole v. City of Durham, 868 S.E.2d 851 (N.C. 2022).
