Whitt v. Harris Teeter, Inc.

Judge McCULLOUGH

dissenting.

Because I disagree with the majority’s conclusion that the claim of constructive discharge based upon either a hostile work environment or in retaliation is authorized under the public policy exception to the employee-at-will doctrine set forth in Coman v. Thomas Manufacturing Co., 325 N.C. 172, 381 S.E.2d 445 (1989), I respectfully dissent. I also dissent in the case sub judice on the grounds that even if constructive discharge claims are authorized, plaintiff’s case lacks sufficient evidence on the elements of the claim to withstand a motion for a directed verdict.