Missy Spainhour - Attorney at Law

Shannon ("Missy") S. Spainhour

ASHEVILLE

(828) 771-0833 | (704) 904-0506 cell | mss@dhwlegal.com

Practice Groups:

  • Labor and Employment
  • Litigation

Education:

  • Sewanee, The University of the South, BA, 1997
  • Wake Forest University School of Law, JD, 2001

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Missy Spainhour handles Labor and Employment as well as Litigation.

Awards & Recognitions:

  • Recognized by Business North Carolina magazine as a member of the “Legal Elite” in the field of Employment, 2008, 2011-2014.
  • Recognized by Super Lawyers magazine as a member of the Super Lawyers “Rising Stars” in 2012-2014.
  • Recognized by Business North Carolina magazine as a member of the “Legal Elite” Women Lawyers, 2014.
  • Speaker, NC/SC Labor & Employment Lawyers Continuing Education Annual Meeting: “Class and Collective Actions under the FLSA and NC Wage and Hour Act,” 2014.

Professional Associations:

  • United States Supreme Court
  • United States Court of Appeals for the Fourth Circuit
  • United States District Courts for the Western, Middle and Eastern Districts of North Carolina
  • North Carolina State Bar
  • North Carolina State Bar Association Member, Labor and Employment Section
  • Mecklenburg County Bar  Young Lawyers’ Division, 2001-2010

Previous Employment:

  • Cranfill, Sumner & Hartzog, LLP, Charlotte, NC, 2001-2004
  • Fisher & Phillips, LLP, Charlotte, NC, 2004-2007
  • K&L Gates, LLP (f/k/a Kennedy Covington), Charlotte, NC, 2007-2010

Representative Matters:

  • Litigation of claims in state and federal courts throughout North Carolina (including appellate courts) involving restrictive covenants (such as non-competition and non-solicitation agreements), other breach of contract claims, tortious interference with contract, employment discrimination, harassment, retaliation and whistleblower claims, wrongful discharge, defamation, infliction of emotional distress, trade secrets disputes, breach of fiduciary duty and duty of loyalty, wage and hour disputes, unemployment compensation, claims pursuant to Title VII and the Civil Rights Act of 1964, 42 U.S.C. 1981 and 1983, the Americans with Disabilities Act (ADA), the Family and Medical Leave Act (FMLA), the Age Discrimination in Employment Act (ADEA), the Employment Retirement Income Security Act (ERISA), the Labor Management Relations Act (LMRA), the National Labor Relations Act (NLRA), the Uniformed Services Employment and Reemployment Rights Act (USERRA), and other federal and state laws pertaining to the employment relationship.
  • Representation of employers before administrative agencies, including the United States Equal Employment Opportunity Commission (EEOC), the United States Department of Labor (DOL), the North Carolina Department of Labor, the Employment Security Commission (ESC), the National Labor Relations Board (NLRB), and the Financial Industry Regulatory Authority (FINRA).
  • Routinely counsel and advise employers on litigation avoidance and issues impacting the relationship between companies and those who work for them, including: employment, separation, and independent contractor agreements; handbooks and policies; hiring, discipline and termination practices; wage and hour compliance; and compliance with federal and state employment laws, such as those listed above.
  • Conduct management training and internal investigations on behalf of employers with regard to various matters involving the employment relationship.
  • Defended national, regional, local and municipal clients in employment discrimination and retaliation cases under a wide variety of federal and state laws.
  • Defended small and large employers in several wage and hour actions under federal and state wage and hour laws, including defence of large employers in national wage and hour collective actions under the Fair Labor Standards Act and corresponding state law claims, based on exemption classifications of employees.
  • Represented employers and individuals in a wide variety of lawsuites in state and federal courts enforcing and opposing restrictive covenants (such as non-competition and non-disclosure agreements) and corresponding claims, including seeking and opporsing injunctive relief as to such claims.
  • Represented a North Carolina county school board in appeal of the Board’s administrative decision regarding the employment of a teach and obtained favorable trial cour result, which was affirmed by published decision of the North Carolina Court of Appeals.
  • Represented lending institutions in collections and breach of contract matters.