I am writing this letter…out of desperation and to tell you a little about the struggles of re-entering society as a convicted felon." Thus began a letter that made its way to me at the U.S. Department of Justice (DOJ). The letter came from a 30-year-old man who — in 2003, at age 21 — lost control of his car after a night of drinking, killing his close friend. "Jay" was convicted of involuntary manslaughter and sentenced to 38 months in state prison.
Recently, the Department of Labor (DOL) published an updated “FMLA Advisor” together with updated forms. Shortly thereafter, the Branch Chief for FMLA, Diane Dawson, reported that the DOL expects to increase the frequency in which it will come on-site during FMLA investigations – an indication of increased involvement and activity.
If you go to work for someone else, the odds are great that you are an employee at will. That’s the basic rule in North Carolina, as it is almost everywhere in the United States. In North Carolina, it applies whether you go to work for an individual or a private business or a unit of government.
So what? What does it mean to be an employee at will?
In Vance v. Ball State University, No. 11-556 (June 24, 2013), the United States Supreme Court held that an employee is a “supervisor” for purposes of vicarious liability under Title VII only if the employee is empowered by the employer to take tangible employment actions, i.e., to effect a “significant change in employment status, such as