Benton L. Toups is a partner in the Wilmington office of Cranfill Sumner & Hartzog.  His practice concentrates on representing businesses in all aspects of Labor and Employment Law.  He has represented employers before the Equal Employment Opportunity Commission, the Department of Labor, the North Carolina Industrial Commission, and several state and federal courts.

He has extensive experience assisting employers with claims of harassment and discrimination under Title VII, the Americans with Disabilities Act (ADA), and the North Carolina Retaliatory Employment Discrimination Act (REDA), as well as claims for unpaid wages and overtime pursuant to the Fair Labor Standards Act (FLSA) and the North Carolina Wage and Hour Act.

A firm believer in the adage that “an ounce of prevention is worth a pound of cure,” Benton routinely counsels employers on day-to-day issues and assists them in developing and implementing effective policies in order to avoid employment litigation.  He has spoken to businesses, attorneys, and insurers on claims avoidance and litigation strategy.

In addition to his employment practice, Benton represents clients in business disputes and commercial litigation matters.  Benton is also a certified mediator.

He has successfully represented multiple clients in preliminary injunction hearings involving covenants not to compete.

Representative Matters

Cases or matters referenced do not represent the lawyer’s entire record.  Each case is unique and must be evaluated on its own merits.  The outcome of a particular case cannot be predicated upon a lawyer’s or a law firm’s past results.

  • Benton obtained dismissal on behalf of a hospital in a case brought by a former employee alleging race discrimination and hostile work environment.  The case was filed in the Eastern District of North Carolina, and Benton succeeded in getting the case dismissed under Rule 12(b)(6) without the need to for our client to answer the lawsuit.
  • Benton  represented a former employee of a software company in a lawsuit by his former employer alleging misappropriation of trade secrets and breach of a covenant not to compete.  After engaging in extensive discovery, Benton was able to negotiate a dismissal of the case by showing that our client had breached no duties owed to his former employer.
  • Benton was able to obtain recovery of $75,000 on behalf of a former employee of a medical clinic who was unlawfully terminated from her employment after complaining to her supervisor about a shortage in her paycheck.
  • Benton represented an employee of a publicly traded company who was denied promised severance pay when the company suddenly closed its doors and declared bankruptcy.  Unable to proceed against the company due to bankruptcy, Benton pursued claims against former company executives who our client contended were responsible for making the decision not to honor the terms of her severance agreement.  Benton was ultimately able to obtain recovery of more than twice the severance amount initially promised to our client.
  • Benton obtained summary judgment on behalf of a long term care facility in a case of race discrimination brought against it by a former employee.  Benton was able to convince the court that our client had legitimate, non-discriminatory reasons for terminating the plaintiff.  The plaintiff appealed the district court’s decision to the Federal Fourth Circuit Court of Appeals, which affirmed the district court’s decision.
  • Benton was able to obtain a $69,000 judgment on behalf of a self-insured, ERISA qualified employee benefit plan in an action filed in the Eastern District of North Carolina against a plan participant.  The defendant plan participant was injured in an automobile accident, and the plan paid $69,000 in medical expenses on her behalf.  The defendant pursued a personal injury claim against the driver of the vehicle who caused the accident and recovered a sizeable amount.  Pursuant to the terms of the benefit plan, the defendant was obligated to pay the plan back out of the proceeds of her personal injury settlement but failed to do so.  Benton filed suit under ERISA in the Eastern District of North Carolina and was successful in securing a $69,000 judgment on behalf of the plaintiff ERISA plan.
 

Most Recent Posts

  News

Benton Toups to Lead Employment Law Seminar for Hospitality Industry

Benton Toups, an attorney in the Wilmington office of Cranfill Sumner & Hartzog LLP (CSH Law), will lead “Ten Ways to Get in Trouble with Your Employees and How to Avoid Them” on Nov. 2 from 10 a.m. to noon. The seminar will discuss how to avoid employment lawsuits in the hospitality industry as well as provide an update on state and national legislative issues. … Read More

  News

CSH Law to Host CE By the Sea

On May 20, the Wilmington office of Cranfill Sumner & Hartzog LLP (CSH Law) will host CE By the Sea. The half-day seminar will be held 9 a.m.-1 p.m. at the CSH Law office in Wilmington. Complimentary CE Credit is available for Workers’ Comp Adjusters (3 hours) and Human Resources Professionals (3 hours – pending).… Read More

  News

CSH Law Attorneys to Address Workers’ Compensation Conference

Benton Toups and Jennifer Morris Jones will address the North Carolina Association of Self-Insurers conference in Wrightsville Beach. The conference entitled “Cutting Costs in Workers’ Comp: New Thoughts on an Old Nemesis” is scheduled for March 30-April 1 at the Holiday Inn Resort.… Read More

  News

N-L-R-Be Careful With Employee Handbooks

Benton Toups, the Vice-Chair of the Employment Law practice group at Cranfill Sumner & Hartzog LLP, was featured in the May 15 online edition of the Greater Wilmington Business Journal.… Read More

  News

Benton Toups to Speak at Topsail Chamber Event

Benton L. Toups | Alternative Dispute Resolution Attorney Wilmington

Benton Toups addresses the Topsail Area Chamber of Commerce about “What Employers Need to Know About Labor Law” and the basics of employment laws, how they impact small businesses and the increase in statutory regulation that comes with growth.… Read More