Benton L. Toups is a partner in the Wilmington office of Cranfill Sumner. Benton is a seasoned attorney whose practice focuses on Employment Law, Business Litigation and ERISA Litigation. Benton is also a certified mediator and is often called upon by his colleagues from other firms to assist them in that capacity.
Employment Law:
Benton is recognized by his peers as an industry expert in employment law. Benton represents employers and executives before the Equal Employment Opportunity Commission, the Department of Labor, the North Carolina Industrial Commission, and several state and federal courts. He has extensive experience assisting with claims of harassment and discrimination under Title VII, the Americans with Disabilities Act (ADA), and the North Carolina Retaliatory Employment Discrimination Act (REDA), as well as claims for unpaid wages and overtime pursuant to the Fair Labor Standards Act (FLSA) and the North Carolina Wage and Hour Act.
Benton is well versed in negotiating and drafting employment contracts, including non-competition, non-solicitation and confidentiality agreements, and he has successfully represented clients in multiple preliminary injunction hearings in which the enforceability of such agreements was at issue.
A firm believer in the adage that “an ounce of prevention is worth a pound of cure,” Benton counsels business clients on personnel issues and assists them in developing and implementing effective policies in order to avoid employment litigation. Benton is a frequent speaker on claims avoidance and litigation strategy.
Business Litigation:
Benton represents clients in business disputes, including those involving breach of contract, breach of fiduciary duty, money owed, and misappropriation of trade secrets and other intellectual property. As with his employment practice, Benton not only litigates disputes; he works with his clients proactively to avoid them. Benton is more than an attorney to his clients. He is a trusted business partner.
ERISA Subrogation and Litigation:
Benton devotes a substantial portion of his practice to representing health care plans in subrogation and reimbursement claims brought under ERISA. This field of law is complex and ever-changing, and Benton is on its leading edge. Some of the nation’s largest plans and administrators put their trust in Benton to protect their interests.
Representative Matters
Cases or matters referenced do not represent the lawyer’s entire record. Each case is unique and must be evaluated on its own merits. The outcome of a particular case cannot be predicated upon a lawyer’s or a law firm’s past results.
•Benton represented a company whose president resigned under circumstances suggesting that, well before his resignation, he was laying the groundwork take advantage of his employer’s confidential information and contacts in order to form a competing enterprise. The case ultimately resolved with a substantial sum of money paid to Benton’s client, as well as additional terms preventing ongoing misappropriation of his client’s confidential information.
•Benton obtained dismissal on behalf of a hospital in a case brought by a former employee alleging race discrimination and hostile work environment. The case was filed in the Eastern District of North Carolina, and Benton succeeded in getting the case dismissed under Rule 12(b)(6) without the need to for our client to answer the lawsuit.
•Benton represented a former employee of a software company in a lawsuit by his former employer alleging misappropriation of trade secrets and breach of a covenant not to compete. After engaging in extensive discovery, Benton was able to negotiate an unqualified dismissal of the case by showing that his client had breached no duties owed to his former employer.
•Benton was able to obtain recovery of $75,000 on behalf of a former employee of a medical clinic who was unlawfully terminated from her employment after complaining to her supervisor about a shortage in her paycheck.
•Benton represented an employee of a publicly traded company who was denied promised severance pay when the company suddenly closed its doors and declared bankruptcy. Unable to proceed against the company due to bankruptcy, Benton pursued claims against former company executives who our client contended were responsible for making the decision not to honor the terms of her severance agreement. Benton was ultimately able to obtain recovery of more than twice the severance amount initially promised to our client.
•Benton obtained summary judgment on behalf of a long term care facility in a case of race discrimination brought against it by a former employee. Benton was able to convince the court that our client had legitimate, non-discriminatory reasons for terminating the plaintiff. The plaintiff appealed the district court’s decision to the Federal Fourth Circuit Court of Appeals, which affirmed the district court’s decision.
•Benton was able to obtain a $69,000 judgment on behalf of a self-insured, ERISA qualified employee benefit plan in an action filed in the Eastern District of North Carolina against a plan participant. The defendant plan participant was injured in an automobile accident, and the plan paid $69,000 in medical expenses on her behalf. The defendant pursued a personal injury claim against the driver of the vehicle who caused the accident and recovered a sizeable amount. Pursuant to the terms of the benefit plan, the defendant was obligated to pay the plan back out of the proceeds of her personal injury settlement but failed to do so. Benton filed suit under ERISA in the Eastern District of North Carolina and was successful in securing a $69,000 judgment on behalf of the plaintiff ERISA plan.
Accomplishments
•2024 North Carolina Lawyers Weekly Leaders in the Law Honoree
•Martindale-Hubbell, AV Rated
•Business North Carolina Legal Elite - Litigation Law (2021); Employment Law (2010, 2014, 2015, 2017-2026)
•Selected for inclusion in The Best Lawyers in America in the fields of Employment Benefits (ERISA) Law (2023-2026); Employment Law - Individuals (2023-2026); Employment Law - Management (2023-2026)
•Selected for inclusion in North Carolina Super Lawyers in the field of Employment and Labor Law (2019 - 2026)
•Selected for inclusion in North Carolina Rising Stars (2009 - 2013, 2015)
•Selected by North Carolina Lawyers Weekly as one of 30 statewide finalists for its Emerging Legal Leaders Award (2010)
Most Recent Posts
News
Cranfill Sumner Hosts Employment Law Webinar
On Feb. 19, attorneys at Cranfill Sumner LLP hosted a panel discussion during the firm’s latest webinar....
News
17 Cranfill Sumner LLP Attorneys Named to 2026 North Carolina Super Lawyers and Rising Stars Lists
Cranfill Sumner LLP announced that 17 of its attorneys have been selected for inclusion in the 2026 North Carolina Super Lawyers and 2026 North Carolina Rising Stars lists....
News
Cranfill Sumner LLP Attorneys Listed Among 2026 Legal Elite
Eleven Cranfill Sumner LLP attorneys were recognized by Business North Carolina magazine as part of the magazine’s Legal Elite program....
News
Cranfill Sumner LLP Announces Executive Committee
Cranfill Sumner LLP today announced the formation of its Executive Committee, a milestone in the firm’s ongoing strategic evolution and long-term governance vision. This development follows the firm’s recent appointment of its first Chief Executive Officer....
News
33 CSH Law Attorneys Selected for Inclusion in the Best Lawyers in America 2026
Thirty-three attorneys from Cranfill Sumner LLP (CSH Law) were recently selected by their peers for inclusion in The Best Lawyers in America 2026....
News
Benton Toups Appointed to State Human Resources Commission
Benton Toups has been appointed to serve on the North Carolina State Human Resources Commission. This is his first term on the Commission, which extends through June 30, 2029....
Post
DOL Ceases Enforcement of Liquidated Damages in FLSA Investigations
The Federal Fair Labor Standards Act (“FLSA”) is a federal law that establishes a standard minimum wage and overtime pay...
News
21 Cranfill Sumner LLP Attorneys Named to 2025 North Carolina Super Lawyers and Rising Stars Lists
Cranfill Sumner LLP announced that 21 of its attorneys have been selected for inclusion in the 2025 North Carolina Super Lawyers and 2025 North Carolina Rising Stars lists....
News
Cranfill Sumner LLP Attorneys Listed Among 2025 Legal Elite
Eleven Cranfill Sumner LLP attorneys were recognized by Business North Carolina magazine as part of the magazine’s Legal Elite program....
Post
Our Top 10 Resources of 2024
Throughout the year, the attorneys at Cranfill Sumner LLP strive to provide the public with the latest updates on North...
News
32 CSH Law Attorneys Selected for Inclusion in the Best Lawyers in America 2025
Thirty-two attorneys from Cranfill Sumner LLP (CSH Law) were recently selected by their peers for inclusion in The Best Lawyers in America 2025....
Post
Overtime Changes Coming July 1, 2024
On April 23, 2024, the U.S. Department of Labor (DOL) issued a final rule raising the salary threshold for so-called...
Post
The New FTC Rule Banning Non-Competes: FAQs
Earlier this week, the Federal Trade Commission issued a Final Rule banning noncompete agreements nationwide. Until this point, the law...
News
Jennifer Morris Jones and Benton Toups Receive 2024 Leaders in the Law Award
Jennifer Morris Jones and Benton Toups were recently honored as members of the North Carolina Lawyers Weekly Leaders in the Law Class of 2024. North Carolina Lawyers Weekly presents this peer-nominated award annually to honor legal professionals licensed and practicing law in the state of North Carolina who have gone above and beyond in their profession and their community. These honorees represent the most influential individuals within the state’s legal community....
News
13 Cranfill Sumner LLP Attorneys Named to 2024 North Carolina Super Lawyers and Rising Stars Lists
Cranfill Sumner LLP announced that 13 of its attorneys have been selected for inclusion in the 2024 North Carolina Super Lawyers and 2024 North Carolina Rising Stars lists....
News
Cranfill Sumner LLP Attorneys Listed Among 2024 Legal Elite
Twelve Cranfill Sumner LLP attorneys were recognized by Business North Carolina magazine as part of the magazine’s Legal Elite program. ...
Post
Employment Relationship: Reasonable Accommodations
What is a reasonable accommodation under the ADA? The ADA goes beyond most other anti-discrimination statutes. In addition to prohibiting...
Post
Employment Relationship: The ADA - Disability Under the ADA
Who is considered disabled under the ADA? There are three definitions of an “individual with a disability” under the ADA:...
Post
Employment Relationship: The ADA - What Is the ADA?
What is the Americans with Disabilities Act (ADA)? The Americans with Disabilities Act (ADA) prohibits discrimination and ensures equal opportunity...
Post
Employment Relationship: The ADEA
What is the Age Discrimination and Employment Act (ADEA)? Under the Age Discrimination in Employment Act, 29 U.S.C. 621-634...
Post
Employment Relationship: The EEOC
What is the EEOC, and what can it do? The Equal Employment Opportunity Commission is a federal agency charged with...
Post
Employment Relationship: North Carolina Equal Employment Practices Act (NCEEPA)
What is the North Carolina Equal Employment Practices Act (NCEEPA), and can an employer be sued for breaching it? NCEEPA...
Post
Employment Relationship: Title VII - Other Federal Statues that Prohibit Racial Discrimination in Employment
Is Title VII the only federal statute that prohibits racial discrimination in employment? No. 1981 of the 1866 Civil...
Post
Employment Relationship: Title VII - Remedies/Damages Available
What remedies/damages are available in a Title VII lawsuit? Plaintiffs have a right to jury trials under Title VII, and...
Post
Employment Relationship: Title VII - Best Defense to Employment Discrimination Claim
What is the best defense to an employment discrimination claim? If the employer can provide a legitimate, non-discriminatory reason for...
Post
Employment Relationship: Title VII - When Is an Employer Liable?
When is an employer liable for harassment under Title VII? As long as the discrimination did not culminate in some...
Post
Employment Relationship: Title VII - General Claims Employees Can Make Against Employers
Discrimination This type of action refers to an employer treating an employee differently because an employee is in a protected...
Post
Employment Relationship: Title VII - What Does It Prohibit?
Title VII prohibits discrimination based on race, color, religion, sex, or national origin. The following are explanations of these protected...
Post
Employment Relationship: Adverse Action
What is an adverse employment action, and why does it matter? An employee typically needs to demonstrate that they experienced...
Post
Employment Relationship: Title VII - What Is It?
What is Title VII, and when can it be used as the basis for a lawsuit? Title VII of the...
Post
Pre-Hiring Issues: Making an Offer
Does a new hire require an employment contract? Written employment contracts are not required but make sense in certain situations....
Post
Pre-Hiring Issues: Interview Questions
How can an employer avoid asking questions that may be unlawful and lead to a failure to hire claim? Specific...
Post
Pre-Hiring Issues: Drug Testing
May an employer drug test applicants? Yes. However, an employer must follow the Controlled Substance Examination Regulation Act requirements, N.C.G.S....
Post
Pre-Hiring Issues: Running A Credit Check
May an employer run a credit check to evaluate applicants? Yes, however, the EEOC views a credit check of all...
Post
Pre-Hiring Issues: Fair Credit Reporting Act (FCRA)
What does the Fair Credit Reporting Act (FCRA)have to do with an employer’s evaluation of an applicant? Generally speaking, the...
Post
Pre-Hiring Issues: Screening Candidates Using Social Media
May an employer screen an applicant using social media? Yes, but there are risks that cause some to view this...
Post
Pre-Hiring Issues: Job Applications As Protection for Employer
How does an employer’s job application help protect the employer from lawsuits? An employer’s job application can be used as...
Post
Pre-Hiring Issues: Inquiring About Criminal Record
Can an application ask whether an applicant has been arrested? How about convicted? Applications should not ask whether an applicant...
Post
Pre-Hiring Issues: Are Job Descriptions Necessary?
Are job descriptions necessary? No, but they are recommended. Here are some good reasons for creating and maintaining accurate job...
Post
Pre-Hiring Issues: Applicant Screening Process
How and why should an employer consider creating a uniform applicant screening process? Documentation of a uniform applicant screening process...
Post
Pre-Hiring Issues: Failure to Hire
Pre-Hiring Issues In the not-so-distant past, applicants were happy to get an interview and disappointed if not offered a job....
Post
2023 Labor/Employment Law Predictions - How Did I Do?
In January 2023, I wrote a piece on my predictions for what we might expect in the labor/employment law world...
News
Dominic Totman Joins Cranfill Sumner LLP
Cranfill Sumner LLP today announced that Dominic Totman has joined the firm’s Raleigh office as Of Counsel....
News
32 CSH Law Attorneys Selected for Inclusion in the Best Lawyers in America 2024
Thirty-two attorneys from Cranfill Sumner LLP (CSH Law) were recently selected by their peers for inclusion in The Best Lawyers in America 2024....
News
Benton Toups Presents to Lower Cape Fear Human Resources Association
Benton Toups served as a panelist for the 2023 Attorney Panel at the Lower Cape Fear Human Resources Association on Feb. 21. The event was held at the Hampton Inn Wilmington-Medical Park....
News
Cranfill Sumner Webinar Series Features Employment Law Panel
On Feb. 16, Cranfill Sumner LLP hosted an Employment Law Panel as part of its webinar series. The panel featured Benton Toups, Ryan Bolick, Vince Eisinger, and Georgia Malik....
News
Cranfill Sumner LLP Relocates Wilmington Office
Beginning, Jan. 30, 2023, the Wilmington office of Cranfill Sumner LLP has relocated to 5535 Currituck Drive, Suite 210, Wilmington....
News
13 Cranfill Sumner LLP Attorneys Named to 2023 North Carolina Super Lawyers and Rising Stars Lists
Cranfill Sumner LLP announced that 13 of its attorneys have been selected for inclusion in the 2023 North Carolina Super Lawyers and 2023 North Carolina Rising Stars lists....
News
Cranfill Sumner LLP Attorneys Listed Among 2023 Legal Elite
Twelve Cranfill Sumner LLP attorneys were recognized by Business North Carolina magazine as part of the magazine’s Legal Elite program. ...
Post
What Lies Ahead? - Predictions for Employers in 2023
While issues like PPP loans, the CARES Act, and vaccination mandates are largely in the rearview mirror, the workplace looks...
Post
Our Top 10 Resources of 2022
Throughout the year, Cranfill Sumner LLP’s attorneys work diligently to bring the most up-to-date information on North Carolina legal updates...
News
25 CSH Law Attorneys Selected for Inclusion in the Best Lawyers in America 2023
Twenty-five attorneys from Cranfill Sumner LLP (CSH Law) were recently selected by their peers for inclusion in The Best Lawyers in America 2023....
Post
Comparing Interacting Provisions of the Americans with Disabilities Act & Family Medical Leave Act
Updated February of 2022 The resource below compares interacting provisions of the American with Disabilities Act & Family Medical Leave...
News
Benton Toups Participates in LCFHRA Panel
Benton Toups, a Partner at Cranfill Sumner LLP, participated in the Jan. 18, 2022 Virtual Attorney Panel hosted by the Lower Cape Fear Human Resources Association....
Post
Supreme Court Blocks Biden Vaccine Mandate for Large Businesses - Allows It for Certain Healthcare Workers
On Thursday, January 13, 2022, the Supreme Court issued its much-anticipated decisions on the Biden vaccine mandates. Specifically, two mandates...
News
11 Cranfill Sumner LLP Attorneys Named to 2022 North Carolina Super Lawyers and Rising Stars Lists
Cranfill Sumner LLP announced that 11 of its attorneys have been selected for inclusion in the 2022 North Carolina Super Lawyers and 2022 North Carolina Rising Stars lists....
News
Cranfill Sumner LLP Attorneys Listed Among 2022 Legal Elite
Eight Cranfill Sumner LLP attorneys were recognized by Business North Carolina magazine as part of the magazine’s Legal Elite program. ...
News
Benton Toups Featured in NC Lawyers Weekly Power List
Benton Toups has been featured in the NC Lawyers Weekly 2021 Power List for Employment Law. This is the inaugural edition of the list....
Post
Details of Biden’s Mandatory Vaccine Plan Published
The U.S. Occupational Safety and Health Administration (OSHA) published a new emergency temporary standard (“ETS”) today, effective immediately, with compliance...
News
Benton Toups Featured in Business NC Magazine
Benton Toups is featured in the 2021 Law Journal from Business North Carolina Magazine. The Law Journal provides updates on timely legal issues from legal professionals across the state....
News
Cranfill Sumner LLP Attorneys Assist in Publication of “Guide to NC Hospitality Law”
The North Carolina Restaurant and Lodging Association has released the “Guide to NC Hospitality Law.”...
News
Benton Toups Speaks at Fayetteville SHRM Meeting
Benton Toups spoke at the Sept. 22 Chapter Meeting of the Fayetteville Society for Human Resource Management (SHRM)....
News
Benton Toups to Present at Employment Law Panel
On Jan. 19, Benton Toups, Chair of the Cranfill Sumner Employment Law Practice Group, served as a presenter for an attorney panel discussion for the 2020 Employment Law Year in Review. The panel addressed questions from the audience about the unprecedented year we just completed as well as about what we can expect as we transition into a new year, a new administration and in many ways a whole new world....
News
14 Cranfill Sumner Attorneys Named to 2021 North Carolina Super Lawyers and Rising Stars Lists
Today Cranfill Sumner proudly announced that 14 of its attorneys have been selected for inclusion in the 2021 North Carolina Super Lawyers and 2021 North Carolina Rising Stars lists....
News
Cranfill Sumner Attorneys Listed Among 2021 Legal Elite
Five Cranfill Sumner attorneys were recognized by Business North Carolina magazine as part of the magazine’s Legal Elite program. ...
Post
FFCRA Leave Entitlement Expires December 31st, but Tax Credits Remain Through March 31, 2021
The federal Families First Coronavirus Response Act (FFCRA) went into effect on April 1, 2020. It requires employers with fewer than 500...
News
Cranfill Sumner Attorneys Volunteer for Legal Aid Eviction Project
In May 2020, Legal Aid of North Carolina launched an effort to help North Carolinians who were struggling to pay rent and were facing eviction. Legal Aid paired available emergency financial support with a search for volunteer attorneys from across the state who could help negotiate past and future payments with landlords....
News
Benton Toups Speaks About Employment Law on LCFHRA Webinar
Benton Toups, a Partner at Cranfill Sumner LLP (Cranfill Sumner), presented at the “Employment Law 101” Virtual Meeting of the Lower Cape Fear Human Resources Association. The webinar was held Aug. 26....
News
Benton Toups Leads NCRLA Webinar
Benton Toups led the “A Whole New World - Predicting Employment Claims in the Wake of COVID-19” webinar on Aug. 19. It was produced by the North Carolina Restaurant and Lodging Association and Cranfill Sumner LLP....
News
Benton Toups Presents PLAN Webinar
Benton Toups, a Partner at Cranfill Sumner LLP (Cranfill Sumner), was a featured presenter at the “A Whole New World - Predicting Employment Claims in the Wake of COVID-19” webinar presented by PLAN....
News
Benton Toups Featured in NCRLA Magazine
“Furlough vs. layoff: Deciding between the two,” an article by Benton Toups, was featured in At Your Service, a publication of the North Carolina Restaurant and Lodging Association (NCRLA). The article appears in the Spring 2020 edition of the publication....
Post
U.S. Supreme Court Rules that Title VII Prevents Discrimination against Gay and Transgender Employees
Title VII of the Civil Rights Act of 1964 is the most sweeping anti-discrimination law ever enacted in the United...
News
Benton Toups Featured in Business North Carolina Magazine
“Furlough vs. layoff: Deciding between the two,” an article by Benton Toups, was featured in Business North Carolina magazine. The article appears in the May 2020 edition of the publication....
Post
Bringing Employees Back - Job Offers to Maximize PPP Loan Forgiveness
Bringing Employees Back - Job Offers to Maximize PPP Loan Forgiveness By Benton Toups and Zack Anstett The June 5,...
Post
Cranfill Sumner Launches COVID-19 Response Team
Cranfill Sumner & Hartzog LLP (Cranfill Sumner) announced the creation of its COVID-19 Response Team. The team is comprised of...
News
Benton Toups Named Chair of the Cranfill Sumner Employment Law Practice Group
Benton Toups, an attorney with Cranfill Sumner LLP (Cranfill Sumner), has been named the Chair of the Cranfill Sumner Employment Law Practice Group....
Post
Small Businesses and Health Care Providers Take Note
DOL Issues New Guidance on Health Care Provider and Small Business Exemptions from New Paid Leave Laws The Families First Coronavirus...
Post
The Department of Labor Issues First Guidance on Emergency FMLA Leave and Paid Sick Leave under the FFCR
On March 18, 2020, President Trump signed into law the Families First Coronavirus Response Act (“FFCRA”). Relevant to employers, the...
Post
Expanded FMLA Leave and Paid Sick Leave
The Families First Coronavirus Response Act is Signed Into Law On March 18, 2020, President Trump signed into law the...
Post
To Deliver or Not to Deliver: Considerations for Restaurants Adapting to Coronavirus
As restaurants close dine-in service for guests, restaurant owners and operators might consider offering delivery service during these unprecedented times....
Post
COVID-19: FAQs for Employers
We are in uncharted territory. Life in America, and many other places around the world, is essentially on hold. Children are out...
News
11 Cranfill Sumner Attorneys Named to 2020 North Carolina Super Lawyers and Rising Stars Lists
Today Cranfill Sumner LLP (Cranfill Sumner) proudly announced that 11 of its attorneys have been selected for inclusion in the 2020 North Carolina Super Lawyers and 2020 North Carolina Rising Stars lists....
News
Cranfill Sumner Attorneys Listed Among 2020 Legal Elite
Seven Cranfill Sumner LLP (Cranfill Sumner) attorneys were recognized by Business North Carolina magazine as part of the magazine’s Legal Elite program....
Post
DOL Approved New Overtime Rule
On September 24, 2019, the Department of Labor (DOL) announced that the final version of the new overtime rule was...
News
Benton Toups Presents to Lower Cape Fear HR Association
Benton Toups served as the featured presenter of the September meeting of the Lower Cape Fear HR Association. The meeting was held Sept. 17 at the Hampton Inn-Medical Park in Wilmington....
News
Benton Toups Participates in Safety and Health School Panel
Benton Toups participated in a panel discussion at the 2019 Wilmington Regional Safety and Health School on July 24. The panel discussed “Post Injury Return to Work Issues: Managing Compliance in the Intersection between ADA, FMLA, WC, EEOC and Privacy Laws.”...
Post
Here We Go Again: New Changes Proposed to the Department of Labor’s Overtime Regulations for “White Collar” Exemptions
The U.S. Department of Labor (DOL) is seeking to change the criteria for so-called “white collar” exemptions, the most common...
News
21 Cranfill Sumner Attorneys Named to 2019 North Carolina Super Lawyers and Rising Stars Lists
Today Cranfill Sumner LLP (Cranfill Sumner) proudly announced that 21 of its attorneys have been selected for inclusion in the 2019 North Carolina Super Lawyers and 2019 North Carolina Rising Stars lists....
News
Cranfill Sumner Attorneys Listed Among 2019 Legal Elite
Six Cranfill Sumner LLP (Cranfill Sumner) attorneys were recognized by Business North Carolina magazine as part of the magazine’s Legal Elite program....
News
CSH Attorneys Receive AV Rating From Martindale-Hubbell
Cranfill Sumner LLP (Cranfill Sumner) today announced that Dan Hartzog, Jr. and Benton Toups have received an AV Rating from Martindale-Hubbell....
