White v. Cochran

• Decision Date: 04 October 2011
• Docket Number: No. COA10–1191.,COA10–1191.
• Citation: 716 S.E.2d 420
• Court: North Carolina Court of Appeals
• Parties: Rebecca S. WHITE, Plaintiff,v.Curtis COCHRAN, Defendant.

716 S.E.2d 420

Rebecca S. WHITE, Plaintiff,

v.Curtis COCHRAN, Defendant.

No. COA10–1191.

Court of Appeals of North Carolina.

Oct. 4, 2011.

Appeal by plaintiff from order entered 28 June 2010 by Judge Bradley B. Letts in Swain County Superior Court. Heard in the Court of Appeals 9 March 2011.

The Moore Law Office, Asheville, by George W. Moore, for plaintiff-appellant.

Melrose, Seago & Lay, PA, Sylva, by Kimberly C. Lay, for defendant-appellee.

GEER, Judge.

Plaintiff Rebecca S. White appeals from an order entering judgment on the pleadings and dismissing for lack of subject matter jurisdiction this action brought against defendant Curtis Cochran, the Sheriff of Swain County. Ms. White had alleged that the sheriff's termination of her employment violated the Retaliatory Employment Discrimination Act (“REDA”) and amounted to a wrongful discharge in violation of public policy.

The sole basis argued in support of the trial court's dismissal of this action was Sheriff Cochran's contention that the North Carolina Department of Labor's notice of right to sue, naming the “Swain County Sheriff's Department” as the respondent, was insufficient to support Ms. White's suit against Sheriff Cochran. This contention, however, relates only to Ms. White's statutory claim for violation of REDA. We, therefore, hold that the trial court erred in dismissing, based on the right-to-sue letter, Ms. White's common law wrongful discharge claim.

With respect to the REDA claim, Ms. White has failed to indicate in her complaint whether she is suing Sheriff Cochran in his individual or in his official capacity. Based on our review of the complaint and the course of proceedings, we hold that Sheriff Cochran has been sued only in his official capacity. As a suit against a sheriff in his official capacity is synonymous with a suit against the sheriff's department, Ms. White did obtain the necessary right-to-sue letter. The trial court, therefore, also erred in dismissing Ms. White's statutory REDA claim.

Facts

Ms. White filed her complaint on 9 October 2009 alleging the following facts. On 5 November 2008, Sheriff Cochran hired Ms. White as a detention officer at the Swain County Jail. On 24 January 2009, Ms. White slipped and fell at work on a floor that was being refinished. She immediately informed her supervisor that she had been injured from the fall, and an accident report was prepared by another employee of Sheriff Cochran. Ms. White was referred by her employer for medical treatment, and Sheriff Cochran was provided with copies of the medical records resulting from the treatment. Ms. White was disabled as a result of the fall until 25 February 2009.

Ms. White filed a claim with the North Carolina Industrial Commission and received benefits, including compensation and medical treatment. While Ms. White was out of work on temporary total disability, she received a letter dated 4 February 2009 that was titled “Continuation of Coverage Rights Under COBRA.” Ms. White contacted her employer, but she was unable to obtain any information regarding why the letter was sent to her.

Ms. White returned to work on 25 February 2009. After working on 25 February, 26 February, 3 March, 4 March, and 6 March 2009, she was advised by another detention officer that she was not to return to work until she talked to the jail administrator, Jenny Hyatt, on 9 March 2009. Ms. White went to Ms. Hyatt's office on 9 March 2009 and met with Ms. Hyatt and Martha Marr, another employee of Sheriff Cochran. At this meeting, Ms. Marr informed Ms. White, “ ‘Your services here are no longer needed.’ ”

Ms. White alleged that Sheriff Cochran “fabricated reasons for terminating [her] when the actual motive for such termination was to retaliate against [Ms. White] for participating in a worker's compensation claim.” Ms. White alleged that Sheriff Cochran's actions violated REDA, N.C. Gen.Stat. § 95–241 (2009), and constituted a wrongful discharge in violation of the public policy set out in § 95–241(a)(1)(a).

Ms. White asserted that the Superior Court of Swain County had jurisdiction under REDA because Ms. White had filed the action within 90 days of the date upon which the Commissioner of Labor had issued a right-to-sue letter. Ms. White attached to her complaint a 26 August 2009 right-to-sue letter issued by the North Carolina Department of Labor to Ms. White. The letter listed two file numbers with one naming the “County of Swain” as the respondent and the second naming the “Swain County Sheriff's Department” as the respondent.

Sheriff Cochran filed an answer to Ms. White's complaint on 16 December 2009 alleging a single affirmative defense: “Defendant would have taken the action to terminate Plaintiff in the absence of her filing a workers compensation claim under Chapter 97 of the North Carolina General Statutes.” On 6 January 2010, Sheriff Cochran filed an amended answer asking the court to award him reasonable costs and expenses, including attorneys' fees, under N.C. Gen.Stat. § 95–243(c) (2009).

On or about 28 April 2010, Sheriff Cochran filed a motion for judgment on the pleadings and motion to dismiss for lack of subject matter jurisdiction. Sheriff Cochran asserted (1) that “the undisputed facts appearing [in the pleadings] entitle Defendant to such judgment as a matter of law,” and (2) that “Plaintiff's claims are upon claims arising under N.C. Gen.Stat. 95–243(a) and this Court lacks jurisdiction as it pertains to this Defendant and Plaintiff's actions therefore should be dismissed.” Sheriff Cochran served a Notice of Hearing of this motion on 30 April 2010, scheduling the motion for the 17 May 2010 session.

The trial court heard Sheriff Cochran's motion on 17 May 2010 and entered an order on 28 June 2010 granting Sheriff Cochran judgment on the pleadings and “[a]lternatively and independently” dismissing Ms. White's action for lack of subject matter jurisdiction. The trial court further explained:

It appeared to the Court upon the review of pleadings in this case and the arguments and authorities presented by counsel, that as a matter of law the allegations of the Plaintiff's Complaint and the attachments thereto, treated as true, are insufficient to state a claim upon which relief may be granted and therefore, the Defendant's Motion for Judgment on the Pleadings is granted. Further, as alternative and independent grounds, upon the review of pleadings and attachments thereto in this case and the arguments and authorities presented by counsel, the Court concludes that it has no jurisdiction over the subject matter of this case and Plaintiff's claims and therefore Defendant is entitled to a dismissal of Plaintiff's claims and action against him.

Ms. White timely appealed to this Court.

Discussion

“As we have recognized, a complaint is subject to dismissal under Rule 12(b)(6) if no law exists to support the claim made, if sufficient facts to make out a good claim are absent, or if facts are disclosed which will necessarily defeat the claim. On the other hand, a motion for judgment on the pleadings pursuant to Rule 12(c) should only be granted when the movant clearly establishes that no material issue of fact remains to be resolved and that the movant is entitled to judgment as a matter of law.” Cash v. State Farm Mut. Auto. Ins. Co., 137 N.C.App. 192, 201–02, 528 S.E.2d 372, 378 (internal citations and quotation marks omitted), aff'd per curiam, 353 N.C. 257, 538 S.E.2d 569 (2000). We review decisions pursuant to Rule 12(b)(6) and 12(c) de novo.

Sheriff Cochran argued in the trial court and contends on appeal that Ms. White failed to state a claim for relief and that the trial court lacked subject matter jurisdiction because Ms. White sued Sheriff Cochran, while the Department of Labor's right-to-sue letter identified only the Sheriff's Department and the County as respondents. In making this argument, Sheriff Cochran has assumed that Ms. White's complaint only alleged a REDA claim. In fact, however, the complaint expressly asserted both (1) a statutory REDA claim under N.C. Gen.Stat. § 95–243(a) and (2) a claim for wrongful discharge in violation of public policy. We address each cause of action in turn.

REDA

N.C. Gen.Stat. § 95–241(a) provides that “[n]o person shall discriminate or take any retaliatory action against an employee because the employee in good faith does or threatens to ... [f]ile a claim or complaint, initiate any inquiry, investigation, inspection, proceeding or other action, or testify or provide information to any person with respect to ... Chapter 97 of the General Statutes.” In order to state a claim for relief under REDA, “a plaintiff must show (1) that he exercised his rights as listed under N.C. Gen.Stat. § 95–241(a), (2) that he suffered an adverse employment action, and (3) that the alleged retaliatory action was taken because the employee exercised his rights under N.C. Gen.Stat. § 95–241(a).” Wiley v. United Parcel Serv., Inc., 164 N.C.App. 183, 186, 594 S.E.2d 809, 811 (2004).

Prior to filing suit, an employee must, within 180 days of an alleged violation, file a written complaint with the Commissioner of Labor alleging a violation of N.C. Gen.Stat. § 95–241. See N.C. Gen.Stat. § 95–242(a) (2009). “If the Commissioner determines after the investigation that there is not reasonable cause to believe that the allegation is true, the Commissioner shall dismiss the complaint, promptly notify the employee and the respondent, and issue a right-to-sue letter to the employee that will enable the employee to bring a civil action pursuant to G.S. 95–243.” Id. Pursuant to N.C. Gen.Stat. § 95–243(a), “[a]n employee who has been issued a right-to-sue letter ... may commence a civil action in the superior court of the county where the violation occurred, where the complainant resides, or where the respondent resides or has his principal place of business.”

Sheriff Cochran does not dispute that Ms. White's complaint contains...