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    Robert Maughmer petition for writ of mandamus against NC Labor Commissioner Cherie Berry

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    Complaint on workplace retaliation / REDA

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    Robert Maughmer petition for writ of mandamus against NC Labor Commissioner Cherie Berry

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    © All Rights Reserved
    Download as PDF or read online from Scribd
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    Download as pdf
    254 views19 pages

    Complaint On Workplace Retaliation / REDA

    Uploaded by

    Jordan Schrader
    Robert Maughmer petition for writ of mandamus against NC Labor Commissioner Cherie Berry

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    Download as pdf
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    18CV015086 STATE OF NORTH CAROLINA, | /1N-THE GENERAL COURT OF JUSTICE ‘SUPERIOR COURT DIVISION (COUNTY OF WAKE 5 0&¢ jg SIBLACTION No. ROBERT MAUGHMER, PETITION FOR WRIT OF a "MANDAMUS and COMPLAINT FOR Petitioner DECLARATORY JUDGMENT (CHERIE BERRY as Commissioner of Labor for the State of North Carolina, Respondent, ‘Now comes Petitioner, Robert Maughmer, on behalf of himself and others similarly situated, and hereby petitions the Court fora Writ of Mandamus ordering Respondent Commissioner of Labor to comply with the provisions of N.C.G'S. § 95-242(e) and Article 1, Section 18 ofthe North Carolina Constitution by issuing rightto-sue letters to Petitioner and other similarly situated employees who have filed administrative complains for violation ofthe Retaliatory Employment Discrimination Act (REDA), N.C.GS. § 95-240, e seg Petitioner also seeks a Declaratory Judgment that N.C.G.S. § 95-242(a) and Article 1, Section 18 of the North Carolina Constitution require Respondent to issue right-to-sue letters to Petitioner and other similarly situated employees. ‘TheBartics 1, Petitioner Robert Maughmer isa citizen and resident of Mecklenburg County, North Carolina residing in Charlotte, NC. Respondeut Cheiie Betty (“Respoueut* or “Commissioner of Labor”) is the duly elected ‘Commissioner of Labor forthe State of North Carolina whose office is established pursuant to N.C.GS, § 95 . She is sued solely in her offical capacity. Respondent supervises and directs the work ofthe North Carolina Department of Labor ‘Pursuant tothe authority set forth in N.C.G.S. § 95-1 Respondent i the executive and administrative head ofthe North Carolina Department of ‘Labor pursuan! to N.C.G.S § 95-4 and has the power thereunder to establish rules and regulations with regard to the work of the department and to enforce the provisions of (Chapter 95 ofthe North Caroline General Statutes. urisdiction, Venue and Standing urisdiction over this case is conferred upon the Court under and by virtue of the Common Law of North Carolina and N.C.G:S. § 7A-245(a)2) and § 7A-250(@). ‘Venue of this ection is proper in Wake County, NC under and by virtue of N.C.G.S § 1-770). Petitioner has standing to maintain this action, ‘An actual ease or controversy exists between Petitioner and Respondent because he esires to file s civil action to enforce his rights under REDA, but the ations of Respondent are preventing him from doing so. Petitioner and others similarly situated have suffered and will continue to suffer irreparable harm without the relief requested herein. ‘The Retaliatory Employment Discrimination Act 10. 10, 10. itt ‘The Retliatry Employment Discrimination Act, NCGS. § 240 eg. probit

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