Missy Spainhour

Education:

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

• 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.

• AV (Preeminent) Peer Review Rating for Ability & Ethics from Martindale-Hubbell, 2018-present
• Selected for inclusion in national Premier Employment Lawyers publication as the exclusive representative attorney for the Asheville/Western North Carolina area, 2019 – present
• 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
• Recognized by Business North Carolina magazine as a member of the “Legal Elite” Women Lawyers, 2014, 2019
• 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

Davis Hartman Wright PLLC’s Labor & Employment Law practice covers a wide array of labor and employment matters on behalf of employers of all sizes and across all industries.

The firm’s Labor & Employment Practice Group offers federal, state, and administrative agency litigation and dispute resolution services ranging from the defense of employment discrimination, harassment and retaliation claims, to wage and hour litigation (including collective and class actions).  We handle ERISA and employee benefits litigation, trade secrets disputes, disputes relating to non-competition, non-solicitation, and other agreements, wrongful discharge, defamation, unemployment, and a broad range of federal and state law claims relating to the employment relationship.  We litigate aggressively, while always exploring alternatives benefiting clients in each individual matter.

In addition to litigation, our Labor & Employment Practice Group provides advice and counseling so employers can focus on running their businesses, not on technical legal issues.  We focus on practical, legally-compliant solutions specific to each unique situation.   We help employers keep policies and employee handbooks updated and advantageous.  We draft and negotiate employment agreements, including those with non-solicitation, non-competition, and confidentiality agreements.   We provide training for supervisors and managers so that they know what they can and cannot do under the law.  We help employers determine how best to classify and pay employees and independent contractors.  We often provide services as independent investigators of workplace issues.  We also help employers whose businesses are in flux by assisting with onboarding new employees and working through reductions in force, terminations, and employee status changes.

The firm’s Labor & Employment Practice Group also handles matters relating to Title VII of the Civil Rights Act of 1964 (“Title VII”), the Age Discrimination in Employment Act (“ADEA”), the Americans with Disabilities Act (“ADA”), the Fair Labor Standards Act (“FLSA”), the Family and Medical Leave Act (“FMLA”) 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.

Davis Hartman Wright PLLC is a business law firm dedicated to providing the most effective and efficient legal counsel for every client. With offices from the mountains to the coast, we serve all areas of North Carolina and handle transactions and advise clients throughout the country.

Our attorneys have trained and practiced with some of the best law firms and legal departments in the country, including K&L Gates (and its predecessor, Kennedy Covington), Fisher Phillips, Helms Mulliss Wicker (now part of McGuireWoods), Cranfill Sumner, Carruthers & Roth, Ward & Smith and the North Carolina Department of Justice.

We have distinguished ourselves among our clients and peers as some of the country’s top lawyers in our respective fields of practice, including banking & finance, bankruptcy & creditors’ rights, corporate law, employment law, environmental law and commercial real estate law.

Our firm exemplifies a top-tier law firm, delivering the highest quality of work at a premium level of service.  We are experienced, diligent and available to our clients 24/7.  We leverage talent and technology to offer continuous and uninterrupted solutions to our clients with nimbleness, flexibility and responsiveness unmatched by our peers.

Our attorneys share the common goals of knowing and understanding your business and legal needs and earning your trust and confidence. We believe this to be the culture through which long-term relationships are developed and through which the best legal solutions are realized.