Legal Opinion

Franco v. Liposcience, Inc.

Court of Appeals of North Carolina

Decided May 19, 2009No. COA08-785PublishedCited by 10 opinions

1Opinion of the Court

WYNN, Judge.

North Carolina embraces a strong presumption of at-will employment unless the employment relationship fits within one of three recognized exceptions — the pertinent exception here being an alleged contractual relationship.1 In this appeal, Plaintiff Richard A. Franco, Jr. argues that the evidence established that he had a contract with Defendant Liposcience, Inc. that barred his termination as an at-will employee. Because the record shows there was insufficient consideration to form a binding contract, we affirm the trial court’s grant of directed verdict in favor of Liposcience…

2Cases cited11 opinions

  1. Kurtzman v. Applied Analytical Industries, Inc.Supreme Court of North Carolina · 1997
  2. Investment Properties of Asheville, Inc. v. NorburnSupreme Court of North Carolina · 1972
  3. Walker v. Westinghouse Electric Corp.Court of Appeals of North Carolina · 1985
  4. Kinsey v. SpannCourt of Appeals of North Carolina · 2000
  5. Martin v. VanceCourt of Appeals of North Carolina · 1999

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3Cited by10 opinions

  1. Springs v. United States Department of TreasuryCourt of Appeals for the Sixth Circuit · 2014
  2. Elliott v. Enka-Candler Fire & Rescue Department, Inc.Court of Appeals of North Carolina · 2011
  3. Capital Resources, LLC v. Chelda, Inc.Court of Appeals of North Carolina · 2012
  4. Aym Techs., LLC v. RodgersNorth Carolina Business Court · 2019
  5. Cutlass Collieries, LLC. v. JonesDistrict Court, S.D. Florida · 2021

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