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 ...

Tagged with: Public Employees

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 ...

Tagged with: Public Employees

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” ...

Tagged with: Public Employees

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 ...

Tagged with: Public Employees

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. ...

Tagged with: Public Employees

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 ...

Tagged with: Public Employees

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 ...

Tagged with: Public Employees

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 ...

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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 ...

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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 ...

Tagged with: Public Employees