For those of you who have been following this thread about a domestic violence/termination case that originated in NC, I have an update.
In the August issue of North Carolina Employment Law Letter, the editors report that the North Carolina Legislature has already changed the law. Effective October 1, 2004, NC employers will be prohibited from firing, demoting, denying a promotion to, or disciplining an employee because he or she takes reasonable time off to obtain or attempt to obtain a protective order as a victim of domestic violence. The employee must follow the company's time-off policy or procedure and provide advance notice unless it's an emergency.
While the statute protects an employee only for time off to obtain a protective order or other court proceedings involving domestic violence, the newsletter editors urge caution. They "expect employees to argue that a claim now exists for wrongful discharge in violation of public policy if they're victims of domestic violence."
The new article -- "New protections in the workplace for victims of domestic violence" --should be available in the newsletter archives on this site within the next day or two. The author, Eric Zion, and the editor, Richard Rainey, are both attorneys with Womble Carlyle Sandridge & Rice, PLLC, in Charlotte. tk
Update to the update: The North Carolina article has been uploaded to the newsletter archives. When you search the archives (behind the password), limit your search to "domestic violence" in "North Carolina" in "2004." And the link will pop right up. If anyone has trouble finding and using the archives, contact me at (615) 661-0249 ext. 8068, and I'll walk you through it. tk
Comments
In the August issue of North Carolina Employment Law Letter, the editors report that the North Carolina Legislature has already changed the law. Effective October 1, 2004, NC employers will be prohibited from firing, demoting, denying a promotion to, or disciplining an employee because he or she takes reasonable time off to obtain or attempt to obtain a protective order as a victim of domestic violence. The employee must follow the company's time-off policy or procedure and provide advance notice unless it's an emergency.
While the statute protects an employee only for time off to obtain a protective order or other court proceedings involving domestic violence, the newsletter editors urge caution. They "expect employees to argue that a claim now exists for wrongful discharge in violation of public policy if they're victims of domestic violence."
The new article -- "New protections in the workplace for victims of domestic violence" --should be available in the newsletter archives on this site within the next day or two. The author, Eric Zion, and the editor, Richard Rainey, are both attorneys with Womble Carlyle Sandridge & Rice, PLLC, in Charlotte. tk