Clarifying the joint employment doctrine, the North Carolina Supreme Court held that a law enforcement officer was the sole employee of the sheriff’s office and not the construction company that contracted with the office to provide traffic control.
Stephen Lassiter began working for the Robeson County Sheriff’s Office in 2008. As an employee of RCSO, he was able to earn additional income by accepting approved off-duty employment opportunities with prior approval.
Truesdell Corporation, a concrete restoration and repair services company, was awarded a bid from the North Carolina Department of Transportation for repair work to bridges and overpasses along I-95 in Cumberland and Robeson Counties.
As part of the contract, Truesdell was required to design and implement a traffic control and detour plan for the completion of the road work, using uniformed law enforcement officers and marked vehicles.
RCSO provided deputies and was responsible for selecting the deputies for the job, assigning them a traffic control position and getting paperwork back to Truesdell.
On the evening of March 28, 2019, Lassiter was asked by the ranking deputy if he wanted to work that night and he agreed. While Lassiter was directing traffic, he was struck by a vehicle and thrown into the air. He sustained serious injuries and received extensive medical treatment as a result. He then sought to obtain workers’ compensation from both RCSO and Truesdell.
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