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Labor & Employment – Public Employees – Personal Misconduct – ‘Current’ – First Impression – Management Knowledge – Administrative
Even though some of petitioner’s misconduct took place a couple of years before her termination, since no one with disciplinary authority knew of the misconduct until a few days before petitioner’s termination, her misconduct was “current” within the meaning of 25 N.C.A.C. 11.2304(a). We affirm the administrative law judge’s order upholding petitioner’s termination. 25 N.C.A.C. [&helli[...]
Labor & Employment – Public Employees – Termination – Just Cause – Unacceptable Conduct
Where petitioner (1) became involved in a loud confrontation with a female colleague at work, (2) engaged in inappropriate conduct when interviewing a job applicant, and (3) “liked” two sexually suggestive LinkedIn posts while using an account in which he identified himself as respondent’s employee, petitioner engaged in unacceptable personal conduct that justified his dismissal. […]
Labor & Employment – Public Employees – Retirement – Pension Cap – Rulemaking – Schools & School Boards
The General Assembly’s 2014 anti-pension-spiking legislation instructs the Retirement Systems Division to set a cap on pensions, but to allow a retiring employee to avoid the cap by making a payment based on an actuarial computation. Although this “cap factor” must be based on the recommendation of an actuary, this does not relieve the division […]
Labor & Employment – Public Employees – Failure to Promote – Minimum Qualifications
Even though plaintiff was a career state employee when she applied for a promotion, since she did not have one of the minimum requirements for the position – supervisory experience – she was not entitled to promotional priority over the successful candidate: a more qualified applicant who was not a career state employee. We affirm […]
Labor & Employment – Public Employees – Failure to Promote – ‘Substantially Equal Qualifications’ – IT Position
When petitioner applied for a promotion to become a business and technology applications specialist in the defendant-university’s Enterprise Information Systems division (EIS), she had more experience with the Banner software program used by EIS than the successful candidate, Steve Williamson. However, Williamson had more experience writing programs using the computer code underlying Banner. Sin[...]
Labor & Employment – Public Employees – Resignation – ‘Appointing Authority’ – First Impression
Even if the petitioner-correctional officer did tell his unit manager, “I quit” – which he denies – since the unit manager lacked the authority to make hiring and firing decisions as to employees at the prison, she was not an “appointing authority” under 25 N.C.A.C. 1C.1002, and she had no legal authority to accept petitioner’s […]
Labor & Employment – Public Employees – Unacceptable Personal Conduct – Insubordination – Prisons & Jails
When the petitioner-correctional officer disobeyed his supervisor’s reasonable order that he comply with a known and written work rule (to stay after a shift to look for missing equipment), petitioner was insubordinate. Considering his two prior disciplinary actions and the need for order in the prison setting, petitioner’s termination was warranted in this case. We […]
Labor & Employment – Public Employees – Title VII – Sexual Harassment Claims – Retaliation
Norman v. North Carolina Department of Administration (Lawyers Weekly No. 011-036-18, 16 pp.) (Rick Elmore, J.) Appealed from Wake County Superior Court (Michael Morgan, J.) N.C. App. Holding: Where plaintiff did not report her supervisor’s alleged sexual harassment of her until her pre-dismissal conference, her termination was not in retaliation for her engaging in protected […]
Labor & Employment – Public Employees – Unacceptable Personal Conduct – Just Cause –Alternative Discipline
Harris v. North Carolina Department of Public Safety (Lawyers Weekly No. 010-004-18, 1 p.) (Per Curiam) Appealed from the Office of Administrative Hearings (Donald Overby, ALJ) On appeal from the Court of Appeals. N.C. S. Ct. Holding: We affirm the decision of the Court of Appeals’ majority (Under a new statutory scheme, an administrative law […]
Labor & Employment – Public Employees – Administrative – Whistleblower – Retaliation Claim – Untimely Filing
Brown v. North Carolina Department of Public Safety (Lawyers Weekly No. 011-352-17, 7 pp.) (Ann Marie Calabria, J.) Appealed from the Pitt County Office of Administrative Hearings (Melissa Owens Lassiter, ALJ) N.C. App. Holding: Since petitioner failed to file his whistleblower claim in the Office of Administrative Hearings within 30 days following the denial of […]
Labor & Employment – Public Employees – Disability Benefits – Social Security Offset – Recoupment
Trejo v. NC Department of State Treasurer (Lawyers Weekly No. 011-347-17, 12 pp.) (Richard Dietz, J.) Appealed from Dare County Superior Court (Jerry Tillett, J.) N.C. App. Holding: As petitioner was informed when she began her application for long-term disability benefits from the State Disability Income Plan, the state was required to offset her state […]
Labor & Employment – Public Employees – Constitutional – Free Speech – Workplace Disagreement – Prisons & Jails – Medical Treatment Method
Holland v. Harrison (Lawyers Weekly No. 011-223-17, 18 pp.) (Mark Davis, J.) Appealed from Wake County Superior Court (Paul Ridgeway, J.) N.C. App. Holding: Plaintiff, who worked as a nurse at a county jail, voiced within the workplace a disagreement with her supervisors regarding the appropriate method for administering an antibiotic to an inmate. Plaintiff […]
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Commentary
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