Benton L. Toups is a partner in the Wilmington office of Cranfill Sumner & Hartzog. Benton is a seasoned attorney whose practice focuses on Employment Law, Business Litigation and ERISA Litigation. Benton is also a certified mediator and is often called upon by his colleagues from other firms to assist them in that capacity.
Employment Law:
Benton represents employers and executives 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 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.
Benton is well versed in negotiating and drafting employment contracts, including non-competition, non-solicitation and confidentiality agreements, and he has successfully represented clients in multiple preliminary injunction hearings in which the enforceability of such agreements was at issue.
A firm believer in the adage that “an ounce of prevention is worth a pound of cure,” Benton counsels business clients on personnel issues and assists them in developing and implementing effective policies in order to avoid employment litigation. Benton is a frequent speaker on claims avoidance and litigation strategy.
Business Litigation:
Benton represents clients in business disputes, including those involving breach of contract, breach of fiduciary duty, money owed, and misappropriation of trade secrets and other intellectual property. As with his employment practice, Benton not only litigates disputes; he works with his clients proactively to avoid them. Benton is more than an attorney to his clients. He is a trusted business partner.
ERISA Subrogation and Litigation:
Benton devotes a substantial portion of his practice to representing health care plans in subrogation and reimbursement claims brought under ERISA. This field of law is complex and ever-changing, and Benton is on its leading edge. Some of the nation’s largest plans and administrators put their trust in Benton to protect their interests.
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
DOL Approved New Overtime Rule
On September 24, 2019, the Department of Labor (DOL) announced that the final version of the new overtime rule was… Read More
Benton Toups Presents to Lower Cape Fear HR Association
Benton Toups served as the featured presenter of the September meeting of the Lower Cape Fear HR Association. The meeting was held Sept. 17 at the Hampton Inn-Medical Park in Wilmington.… Read More
Benton Toups Participates in Safety and Health School Panel
Benton Toups participated in a panel discussion at the 2019 Wilmington Regional Safety and Health School on July 24. The panel discussed “Post Injury Return to Work Issues: Managing Compliance in the Intersection between ADA, FMLA, WC, EEOC and Privacy Laws.”… Read More
Here We Go Again: New Changes Proposed to the Department of Labor’s Overtime Regulations for “White Collar” Exemptions
The U.S. Department of Labor (DOL) is seeking to change the criteria for so-called “white collar” exemptions, the most common… Read More
21 Cranfill Sumner & Hartzog Attorneys Named to 2019 North Carolina Super Lawyers and Rising Stars Lists
Today Cranfill Sumner & Hartzog LLP (CSH Law) proudly announced that 21 of its attorneys have been selected for inclusion in the 2019 North Carolina Super Lawyers and 2019 North Carolina Rising Stars lists.… Read More
Cranfill Sumner & Hartzog Attorneys Listed Among 2019 Legal Elite
Six Cranfill Sumner & Hartzog LLP (CSH Law) attorneys were recognized by Business North Carolina magazine as part of the magazine’s Legal Elite program.… Read More
CSH Attorneys Receive AV Rating From Martindale-Hubbell
Cranfill Sumner & Hartzog LLP (CSH Law) today announced that Dan Hartzog, Jr. and Benton Toups have received an AV® Rating from Martindale-Hubbell.… Read More
LCFHRA Publishes Article by Benton Toups and Katie Terry
An article by Benton Toups and Katie Terry was recently published in the January newsletter of the Lower Cape Fear Human Resource Association (LCFHRA).… Read More
Cranfill Sumner & Hartzog Attorneys Listed Among 2018 Legal Elite
Seven Cranfill Sumner & Hartzog LLP (CSH Law) attorneys were recognized by Business North Carolina magazine as part of the magazine’s Legal Elite program.… Read More
Republican-Majority NLRB Closes out 2017 With A Bang!
The now Republican majority on the National Labor Relations Board (NLRB) was on a roll in December and is not… Read More
Benton Toups Featured in Greater Wilmington Business Journal
Benton Toups, Vice Chair of the Employment Law Practice Group at Cranfill Sumner & Hartzog LLP, was recently quoted in the Greater Wilmington Business Journal. In “Harassment In The Spotlight,” Benton discusses legal issues surrounding sexual harassment in the workplace.… Read More
Update: DOL Overtime Rule Blocked
Last week we posted a reminder that the new overtime rule was going into effect on December 1st. Well, it… Read More
New Overtime Rules are Less Than a Month Away – Are You Ready?
Unless you have had your head in the sand, you know that the U.S. Department of Labor (“DOL”) is changing… Read More
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
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
Warning, Sharp Curve Ahead: Changes to the Department of Labor’s Overtime Regulations May Be Fast Approaching
As you may already know, the U.S. Department of Labor (“DOL”) is seeking to change the rules on overtime pay… Read More
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
Two CSH Attorneys Featured in Wrightsville Beach Magazine
Benton Toups and Patrick Mincey, attorneys in the Wilmington office of Cranfill Sumner & Hartzog LLP (CSH Law), are featured in the Men in Business section of the latest edition of Wrightsville Beach Magazine.… Read More
Toups Recovers $75,000 for Unlawfully Terminated Employee
Benton Toups 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.… Read More
Toups Dismissal for Employee Sued by Employer for Breach of Noncompete and Misappropriation of Trade Secrets
Benton Toups 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. … Read More
Toups Doubles Severance for Employee of Bankrupt Company
Benton Toups represented an employee of a publicly traded company who was denied promised severance pay when the company suddenly closed its doors and declared bankruptcy. … Read More
Toups Obtains $69,000 judgment for Self-insured, ERISA Qualified Employee Benefit Plan
Benton Toups 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.… Read More
Toups Defends Long Term Care Facility Facing Race Discrimination Claim
Toups Defends Long Term Care Facility Facing Race Discrimination Claim… Read More
Part 2: Look-Back, Employers, for Those Variable Hour Employees
Part 2 of “An Employer’s Basic Primer to the Affordable Care Act” was published on the Greater Wilmington Business Journal’s Insights page today.… Read More
An Employer’s Basic Primer to the Affordable Care Act
The June 1 online edition of the Wilmington Business Journal featured “An Employer’s Basic Primer to the Affordable Care Act,” written by Kara Gansmann.… Read More
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
10 Reasons Employers Get Into Legal Trouble With Employees
On May 1, an Insights article by Benton Toups was featured in the online edition of the Greater Wilmington Business Journal. … Read More
Workers’ Compensation Law – The Very Basics
An Insights article by Benton Toups was featured in the April 15 online edition of the Greater Wilmington Business Journal. … Read More
Severance Agreements And The Quest For The Amicable Breakup
Benton Toups, Vice-Chair of the Employment Law practice group at Cranfill Sumner & Hartzog LLP, recently authored “Severance Agreements And… Read More
Benton Toups Authors Employment-At-Will: What Does It Mean For Your Business?
Benton Toups authored “Employment-At-Will: What Does It Mean For Your Business?” for the online version of the Greater Wilmington Business Journal.… Read More
Benton Toups Authors – Employee Or Independent Contractor – A Critical Distinction
Benton Toups’s Employment Law article is featured in the Greater Wilmington Business Journal. Benton is the Vice-Chair of the Employment Law practice group at CSH Law.… Read More
Non-Competition Agreements – Are They Enforceable?
Benton Toups, Vice-Chair of Employment Law Practice Group at CSH Law, authored a GWBJ article entitled “Non-Competition Agreements – Are They Enforceable?” … Read More
Benton Toups’ Insight Article: Myth-Busting And The FLSA
Benton Toups, the Vice-Chair of the Employment Law practice group at CSH Law, authored an Insights article entitled “Myth-Busting and the FLSA” in the GWBJ.… Read More
20 Cranfill Sumner & Hartzog Attorneys Named to 2015 North Carolina Super Lawyers and Rising Stars Lists
CSH Law announced that 20 of its attorneys have been selected for inclusion in the 2015 North Carolina Super Lawyers and North Carolina Rising Stars lists.… Read More
Benton Toups to Speak at 2015 Lawyer Panel
Benton Toups, Vice-Chair of the Employment Law practice group at Cranfill Sumner & Hartzog LLP, will participate in the 2015 Lawyer Panel… Read More
Benton Toups’ Insights Article Featured in Greater Wilmington Business Journal
Benton Toups, the Vice-Chair of the Employment Law practice group at Cranfill Sumner & Hartzog LLP, recently authored an Insights article in the Greater Wilmington Business Journal.… Read More
Five CSH Law Attorneys Listed Among 2015 Legal Elite
Five CSH Law attorneys in its Raleigh, Charlotte and Wilmington offices were recognized by Business North Carolina magazine as Legal Elite… Read More
CSH Law Attorneys Featured in Wrightsville Beach Magazine
Patrick Mincey and Benton Toups were featured in the Men in Business section of the November 2014 issue of Wrightsville Beach Magazine.… Read More
Benton Toups Recognized for Pro Bono Service
Benton Toups, Vice-Chair of the Employment Law Practice Group at CSH Law, was recently awarded a Pro Bono Publico award by the New Hanover County Bar Association and the Legal Aid of NC, Inc.… Read More
Toups Dismissal for Hospital – Race Discrimination, Hostile Work Environment
Benton Toups obtained dismissal on behalf of a hospital in a case brought by a former employee alleging race discrimination and hostile work environment.… Read More
Benton Toups Named Town of Calabash Attorney
Benton Toups, Vice Chair of the Employment Law Practice Group at Cranfill Sumner & Hartzog LLP, was recently named the Town Attorney for Calabash, N.C.… Read More
Benton Toups Featured in News Story Regarding Marijuana and Employment Law
Benton Toups, of CSH Law, provides insight into the legal implications for North Carolinians usage of legal marijuana in Colorado while on vacation. … Read More
Cranfill Sumner & Hartzog Attorneys Listed Among 2014 Legal Elite
CSH Law attorneys in its Raleigh and Wilmington offices were recognized by Business North Carolina magazine as part of the magazine’s Legal Elite program.… Read More
Benton Toups to Speak at Topsail Chamber Event
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
Benton Toups to Present at Wilmington Chamber Breakfast Seminar
Benton will be presenting on Employment Law 101: What you Need to Know as You Grow. Covering employment law issues relevant to small businesses.… Read More
CSH Law to Sponsor & Present Seminars at Wilmington Biz Expo
‘Employment Law 101: What You Need to Know as You Grow,’ will cover employment law issues relevant to small business.… Read More
24 CSH Law Attorneys Selected as 2013 North Carolina Super Lawyers & Rising Stars
Ten CSH Law attorneys were selected as 2013 North Carolina Super Lawyers and 14 CSH Law attorneys were selected as 2013 North Carolina Rising Stars.… Read More
Toups scheduled to Present at NCPRIMA Conference
Benton Toups and Jason Toups of CSH Law, Wilmington have been selected as speakers for the 2012 NC Public Risk Management Association (NCPRIMA) Conference.… Read More