Missy Spainhour handles Labor & Employment as well as Litigation. She is also a North Carolina Dispute Resolution Commission Certified Superior Court Mediator and frequently conducts independent workplace investigations.
Awards & Recognitions:
AV (Preeminent) Peer Review Rating for Ability & Ethics from Martindale-Hubbell, 2018-2019
Selected for inclusion in national Premier Employment Lawyers publication as the exclusive representative attorney for the Asheville/Western North Carolina area, 2019
Recognized by Business North Carolina magazine as a member of the “Legal Elite” in the field of Employment, 2008, 2011-2014, 2019
Recognized by Super Lawyers magazine as a member of the Super Lawyers “Rising Stars” in 2012-2014
Recognized by Super Lawyers magazine as a Super Lawyer in the field of Employment and Labor Law, 2021
Speaker, NC/SC Labor & Employment Lawyers Continuing Education Annual Meeting: “Class and Collective Actions under the FLSA and NC Wage and Hour Act,” 2014
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
NC Dispute Resolution Commission Certified Superior Court mediator
Mecklenburg County Bar
–Young Lawyers’ Division, 2001-2010
Cranfill, Sumner & Hartzog, LLP
Fisher & Phillips, LLP
K&L Gates, LLP (formerly Kennedy Covington)
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, claims involving the U.S. and N.C. Constitutions, trade secrets disputes, breach of fiduciary duty and duty of loyalty, wage and hour disputes (including claims pursuant to the Fair Labor Standards Act (FLSA)), 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.
Conduct independent workplace investigations relating to various issues arising in the workplace, including harassment (such as hostile work environment allegations), discrimination, and other issues arising between employees and employers during the course of 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 other administrative forums.
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; leave-related issues; and compliance with other federal and state employment laws, such as those listed above.
Conduct management training on behalf of employers with regard to various matters involving the employment relationship.
Defended national, regional, local, individual (including state and federal employees), 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 defense of large employers in national wage and hour collective actions under the Fair Labor Standards Act and class actions under corresponding state law claims, based on exemption classifications of employees.
Represented employers and individuals in a wide variety of lawsuits in state and federal courts enforcing and opposing restrictive covenants (such as non-competition and non-disclosure agreements) and corresponding claims, including seeking and opposing 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 court result, which was affirmed by published decision of the North Carolina Court of Appeals.
Represented lending institutions in collections and breach of contract matters.
Handles and has handled litigation of various commercial, tort-based, and negligence claims throughout North Carolina state and federal courts.