Summary Judgment In Wrongful Termination Case

DAN HARTZOG JR. (Raleigh) obtained summary judgment in a wrongful termination case involving former sanitation workers employed with a Town. The case received significant local media attention. The Town had received complaints from residents about Plaintiffs’ rude and aggressive behavior along their route.  Following an investigation, their employment was terminated.  Plaintiffs filed a lawsuit alleging claims of wrongful discharge and violations of the North Carolina Constitution, including equal protection, due process, and free speech. Plaintiffs claimed their terminations were due to their race, and in retaliation for engaging in union activity. In 2012, all claims against defendant were dismissed on a motion for judgment on the pleadings. In 2013, the N.C. Court of Appeals reversed, and the case returned to Superior Court for further proceedings. Following discovery, defendants moved for summary judgment, which was granted. Plaintiff’s appealed, and summary judgment was upheld at the Court of Appeals.