John D. Cole is a member of Nexsen Pruet's Employment and Labor Law Practice Group.
He has broad experience across the spectrum of employment law and labor law. For more than 20 years, Mr. Cole has represented employers of all sizes in cases throughout the eastern United States. He has handled numerous cases involving virtually all aspects of employment law before various federal courts, federal and state administrative agencies, and the state courts of North Carolina, South Carolina and Georgia. He has also handled employment arbitration cases before AAA and NASD.
In the area of traditional labor law, Mr. Cole has successfully handled union campaigns, union elections, strikes and unfair labor practice litigation before the National Labor Relations Board.
Mr. Cole also handles general business litigation cases. He has prosecuted and defended businesses and their interests with regard to non-competition agreements, misappropriation of trade secrets, unfair and deceptive trade practices, computer fraud and abuse, and interference with contracts and business relations. He has secured and/or defended against temporary restraining orders, preliminary injunctions and permanent injunctions. He has also defended and prosecuted business interests in cases involving RICO, fraud and contract issues.
Mr. Cole regularly counsels and advises clients on all aspects of human resources issues and conducts training programs for management, clients and HR groups. He is a frequent speaker for organizations such as the North Carolina Society for Human Resource Management (NCSHRM), the Charlotte Area Society for Human Resource Management (CASHRM), American Foundry Society (AFS) and the Risk Management Society (RIMS).
While earning his B.A. from Washington and Lee University, Mr. Cole was a captain and four-year letterman for the Generals' varsity football team and was twice selected for the all-conference team. He was an officer in the U.S. Army from 1984-1988.
News
John Cole to Help Businesses Navigate New Legislation
Nexsen Pruet attorney John Cole has been appointed as Director of Governmental Affairs for the North Carolina State Council of the Society of Human Resource Management.
Nexsen Pruet Strengthens Employment & Labor Practice; John D. Cole Joins Charlotte Office
Cole has represented clients from multiple industries such as retail, transportation, service and financial. His accomplishments include serving as lead counsel before the Fourth Circuit Court of Appeals in a multi-plaintiff Title VII national origin harassment and discrimination case for an international construction company that resulting in an affirmed summary judgment.
Publications
Recent Guidelines for Employers of Active Duty & Veteran Service Members
The Equal Employment Opportunity Commission (EEOC) has issued timely and relevant guidance for employers addressing protections afforded veterans under the Uniformed Services Employment and Reemployment Rights Act (USERRA) and the Americans With Disabilities Act (ADA).
Keep Your Ears Peeled: Employment Law Update on the FLSA's "Anti-retaliation" Provision
In this issue we describe and discuss a recent federal appeals court decision concluding that internal complaints about pay may be protected by the FLSA's anti-retaliation provision.
Employment Law Update: Romance in the Workplace: You, Me and our Employer?
As Valentine's Day approaches, here are some interesting facts for employers to consider.
Recent Ruling that Class Action Waivers are Illegal Shows NLRB Remains Active
On January 3, 2012, the National Labor Relations Board (NLRB) ruled that a class action waiver in a mandatory employment arbitration agreement is illegal.
I-9 Compliance: Avoiding Traps of New Federal Security Features
A redesigned federal document is leading to confusion as businesses try to comply with the I-9 requirement.
Employment Law Update - January 2012
As employers plan for 2012, the inherent risk posed by departing employees presents an opportunity to reevaluate measures used to protect confidential information and trade secrets from the high cost of misappropriation.
NLRB Delays Requirement for Employers to Post Pro-Union Notice
On August 25, 2011, the National Labor Relations Board (NLRB) issued regulations requiring virtually all employers to post a large notice to employees informing them of rights under the National Labor Relations Act (NLRA), particularly their right to unionize. Employers must post the notice beginning April 30th, 2012.
Employment Law Update - December 2011
The EEOC is processing a record number of charges and collecting record settlement amounts. It is pursuing an aggressive systemic enforcement program and focusing on hiring issues. In this edition we discuss what the EEOC is doing and some of the implications for employers.
2011 Employment and Labor Law - Final Exam Answer Key
Last week's final exam generated tremendous response from Nexsen Pruet clients and friends. Congratulations to our winners.
2011 Employment and Labor Law - Final Exam
It's time to test your knowledge of the current state of employment and labor law.
Pro-Union NLRB Presents Challenges to Employers: Employment Law Update - October 2011
Recent pro-union decisions and proposed rules by the NLRB pose challenges for employers.
Wrongful Discharge Claims Limit Employment At-Will Doctrine in North and South Carolina: Employment Law Update - September 2011 Supplemental
Employment in North and South Carolina is at-will, which generally means an employer can terminate an employee at any time without notice. However, both states have long-recognized exceptions to the employment-at-will doctrine, including provisions that an employee cannot be discharged for reasons that contravene the "public policy" of the state.
Employment Law Update - August 2011 Supplemental
This edition is about a United States Supreme Court decision that illustrates the importance of using clear wording when drafting employee invention assignment agreements.
Employment Law Update - August 2011
South Carolina and North Carolina have passed state immigration laws mandating employment verification and imposing penalties for failure to comply.
Employment Law Update - July 2011
Employers are increasingly disciplining workers over misuse of social media. At issue in so-called "Facebook Firing" cases is whether terminating employees for making disparaging online posts, and having policies prohibiting such posts, violates federal labor law.
Employment Law Update - June 2011
This edition analyzes the EEOC's new final regulations implementing the Americans with Disabilities Act Amendments Act of 2008.
Events
Sexual Harassment - Survival Tips and Myths: Employment Law Quarterly Breakfast Briefing
2011 North Carolina SHRM State Conference
Civic & Professional Memberships
· North Carolina SHRM State Council, 2011
· Board of Advisors, Diversity Forum in Charlotte, 2010-2011
· Board of Directors, Charlotte Area Society for Human Resource Management, 2006-2009
· State Bar of Georgia
· South Carolina Bar
· North Carolina Bar
· Mecklenburg County Bar