Shannon "Missy" Sumerell Spainhour

Partner, Constangy, Brooks, Smith & Prophete, LLP

Missy is a seasoned labor & employment attorney. Her broad employment litigation experience ranges from discrimination, harassment, whistleblowing, and retaliation to wage and hour matters (including collective and class action matters) to breach of contract issues to restrictive covenants (such as non-compete and non-solicitation agreements) and trade secrets issues to claims of Constitutional violations under the U.S. and N.C. Constitutions and shareholder and LLC member disputes to ERISA litigation. She also litigates the gamut of state law claims associated with the employment relationship, including defamation, infliction of emotional distress, wrongful discharge, tortious interference with contract, assault & battery, breach of fiduciary duty, and unfair & deceptive trade practices.

Missy has practiced in the North Carolina appellate courts and before the 4th Circuit Court of Appeals, has served as a mediator and as counsel for parties in dozens of mediations.

Missy also represents employers in NLRB and EEOC administrative proceedings and has assisted employers in many other types of administrative proceedings, including with the Employment Security Commission, the 4th Circuit’s Employment Dispute Resolution (EDR) Plan, and the U.S. and N.C. Departments of Labor.

In her substantial advice and counseling practice, Missy handles day-to-day issues involving hiring, discipline, and termination; wage and hour issues under the FLSA and state laws, and handles issues relating to disability and FMLA and other leave. Missy frequently drafts and reviews Employee Handbooks and policies, Employment Agreements, Separation and Severance Agreements and policies, and Independent Contractor Agreements.  Missy also serves as an independent third-party mediator (certified by the NC Dispute Resolution Commission) of disputes in federal and state courts throughout North Carolina, and in pre-suit contexts as well. She is a member of the internationally recognized Association of Workplace Investigators (AWI).