Becky Mussat-Whitlow v. Winston-Salem State University

Summary

The opinion addresses Winston-Salem State University’s motion to dismiss claims arising from Becky Mussat-Whitlow’s termination. The court holds that sovereign immunity bars the plaintiff’s North Carolina Equal Employment Practices Act claims, while concluding that her FMLA interference claim is inadequately pleaded and her FMLA retaliation claim is plausibly alleged based principally on the temporal proximity between her leave and termination. The motion to dismiss is granted in part and denied in part.

Holdings

1. North Carolina General Statutes section 143-300.35 does not waive Winston-Salem State University's sovereign immunity from NCEEPA claims because the statute expressly identifies the Fair Labor Standards Act, Age Discrimination in Employment Act, Family and Medical Leave Act, and Americans with Disabilities Act, but not the NCEEPA.
2. The alleged purchase of liability insurance by Winston-Salem State University did not waive the university's sovereign immunity from the plaintiff's NCEEPA claims.
3. The amended complaint failed to plausibly allege FMLA interference because the plaintiff did not allege that she notified the university of her intended eye-surgery leave, including its anticipated timing and duration.
4. The amended complaint plausibly alleged FMLA retaliation because the plaintiff engaged in protected FMLA activity, suffered the adverse action of termination, and alleged a causal connection based on her termination 28 days after returning from FMLA leave.

Questions Presented

1. Whether North Carolina's statutory waiver for certain state-employee claims waived Winston-Salem State University's sovereign immunity from the plaintiff's NCEEPA wrongful-discharge claims.
2. Whether the alleged purchase of liability insurance waived the university's sovereign immunity from the NCEEPA claims.
3. Whether the amended complaint plausibly alleged FMLA interference based on the university's alleged failure to permit or protect anticipated leave for eye surgery.
4. Whether the amended complaint plausibly alleged FMLA retaliation based on the plaintiff's termination 28 days after returning from protected FMLA leave.

Disposition

other