HAMILTON v. MEMOREX TELEX CORP.

No. 9310SC1081.

454 S.E.2d 278 (1995)

118 N.C. App. 1

Harold G. HAMILTON, Patricia Perrone Sanders, and all others similarly situated v. MEMOREX TELEX CORPORATION.

Court of Appeals of North Carolina.

February 21, 1995.


Attorney(s) appearing for the Case

Patterson, Harkavy & Lawrence by Donnell Van Noppen, III, Greensboro, and Gulley and Calhoun by Michael D. Calhoun, Durham, for plaintiff-appellees.

Poyner & Spruill, L.L.P. by Cecil W. Harrison, Jr., and Robin T. Morris, Raleigh, for defendant-appellant.

Thomas A. Harris, Director, Wage & Hour Div., and Atty. Gen. Michael F. Easley by Associate Atty. Gen. John A. Greenlee, for Com'r of Labor Harry E. Payne, Jr., Raleigh, amicus curiae.


ARNOLD, Chief Judge.

Defendant presents eleven arguments based upon thirty assignments of error and plaintiffs offer one argument based upon two assignments of error.

Plaintiffs are all former employees of defendant who had been employed by defendant at any time prior to 21 December 1988 and were terminated after 31 December of that year. Prior to 21 December 1988, the defendant's vacation policy (the old policy), which had been adopted in 1986, provided as...

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