The Last Paycheck: Avoiding the Pitfalls

By Wm. Joseph Austin, Jr. The great Western novelist Louis L’Amour penned this line, “There will come a time when you believe everything is finished. That will be the beginning,” which in any other context would resonate with hope and anticipation. All too often, however, the last paycheck issued to a terminated employee is the beginning of conflict and controversy. …

The Indispensable Employee Handbook

By Wm. Joseph Austin, Jr. The employee handbook is an essential part of both employee relations and risk management. This paper will address how important it can be to these vitally important employer interests.   No law book on the shelf requires employers to have an employee handbook as such, yet federal and state laws do require the employer to …

The “Right to Work” in an “At-Will State”

By Wm. Joseph Austin, Jr. North Carolina is both an at-will state and a Right to Work state. The two phrases are sometimes conflated and confused. Each refers to a distinct and separate legal doctrine. There is one point of intersection nevertheless that will be discussed in this paper. The at-will rule is a common law doctrine that has been …

Labor and Employment Law Scorecard

Keeping Track of Labor and Employment Laws that Apply to the Growing BusinessA guide to regulation of employment for the sole proprietor, mega-company, and all employers in betweenBy Wm. Joseph Austin, Jr. The “scratch golfer” has a zero handicap.  There is no such thing as a “scratch employer.”  The word “employer” itself denotes a person or business that employs at …

Employer Rights in the Regulated Employment Regime

By Wm. Joseph Austin, Jr. Q.  I’m the Employer, what are my rights? A.  You have the right to be sued. This dictum comes from Peter Panken, a distinguished management lawyer and frequent presenter at Labor and Employment seminars.  Overstating the point to make a point, he reminds the employer to maintain the right mindset.  Be aware (get familiar with …

David Mills featured in American Bankruptcy Institute Journal: “Hardship Discharge: A Case Study and Analysis of § 1228(b)(2)”

Farming is a tough business. Farmers are at the mercy of nature and uncontrollable events. Hurricanes, drought, extreme heat waves, crop blight, international trade wars, and global pandemics relentlessly attack the farming economy. If these risks are combined with a random act of senseless violence resulting in severe bodily injuries on a farmer, the struggle becomes insurmountable.

What is Summary Ejectment?

Now that the CDC Moratorium on Evictions is over, Landlords face the worst challenge yet. How to evict tenants properly for those who have failed to make up payments during the pandemic. The eviction process in North Carolina is called Summary Ejectment. While on its face Summary Ejectment may appear simple, complications can arise. If not done properly, you may face severe civil penalties. Below we walk through the high-level process and some of the up front tasks and a Landlord can do to ensure they are complying with the law.