North Carolina Business Court Upholds $700,000 Wage Claims, Dismissing Emotional Distress Counts
Updated
Updated · North Carolina Lawyers Weekly · May 14
North Carolina Business Court Upholds $700,000 Wage Claims, Dismissing Emotional Distress Counts
1 articles · Updated · North Carolina Lawyers Weekly · May 14
Summary
$700,000 in wage claims will move forward in a North Carolina Business Court dispute involving former employees of a family-run tree services company, with alleged unpaid wages, commissions and unreimbursed expenses surviving dismissal.
The court said the pleadings gave sufficient notice under North Carolina's liberal standard because they alleged an employment relationship, specific pay shortfalls and time periods, including about $550,000 for one defendant and $150,000 for another.
Breach of contract, unjust enrichment and slander of title counterclaims also survived, based on alleged promises to repay business expenses and wages and an allegedly improper lis pendens that hindered access to credit.
Emotional distress and standalone punitive damages claims were dismissed in the 35-page Cadieu Tree Experts Inc. v. Wiedner opinion, with the court finding no extreme and outrageous conduct and noting punitive damages are a remedy, not a separate cause of action.