(a) No career State employee subject to the North Carolina Human Resources Act shall be discharged, suspended, or demoted for disciplinary reasons, except for just cause. In cases of such disciplinary action, the employee shall, before the action is taken, be furnished with a statement in writing setting forth the specific acts or omissions that are the reasons for the disciplinary action and the employee's appeal rights. The employee shall be permitted 15 days from the date the statement is delivered to appeal to the head of the agency through the agency grievance procedure for a final agency decision. However, an employee may be suspended without warning for causes relating to personal conduct detrimental to State service, pending the giving of written reasons, in order to avoid undue disruption of work or to protect the safety of persons or property or for other serious reasons. If the employee is not satisfied with the final agency decision or is unable, within a reasonable period of time, to obtain a final agency decision, the employee may appeal to the Office of Administrative Hearings. Such appeal shall be filed not later than 30 days after receipt of notice of the final agency decision. The State Human Resources Commission may adopt, subject to the approval of the Governor, rules that define just cause.
(b) through (d) Repealed by Session Laws 2013-382, s. 6.1, effective August 21, 2013, and applicable to grievances filed on or after that date. (1975, c. 667, s. 10; 1989 (Reg. Sess., 1990), c. 1025, s. 2; 1991, c. 65, s. 7; c. 354, s. 5; c. 722, s. 1; 2000-190, s. 13; 2012-187, s. 8.4; 2013-382, ss. 6.1, 9.1(c).)
§§ 126-36 through 126-41: Repealed by Session Laws 2013-382, s. 6.1, effective August 21, 2013, and applicable to grievances filed on or after that date.
§ 126-42. Reserved for future codification purposes.
Article 9.
The Administrative Procedure Act and Modifications.
§§ 126-43 through 126-44: Repealed by Session Laws 1987, c. 320, s. 9.
§ 126-45: Repealed by Session Laws 1977, c. 866, s. 18.
§§ 126-46 through 126-50. Reserved for future codification purposes.
Article 10.
Interchange of Governmental Employees.
Notes of Decisions
Peace v. Emp. SEC. Com'n of North Carolina, 507 S.E.2d 272 (N.C. 1998).
· cites it 78× “The essential question presented for review is whether the Court of Appeals erred in affirming the trial court's determination that the State Personnel Commission improperly placed the burden of proof on the Employment Security Commission of North Carolina (ESC) in a claim for…”
North Carolina Dep't of Env't & Nat. Resources v. Carroll, 599 S.E.2d 888 (N.C. 2004).
· cites it 24× “A “career State employee” is *657 defined as a state employee who “[i]s in a permanent position appointment” and “[h]as been continuously employed by the State of North Carolina in a [non-exempt] position ... for the immediate 24 preceding months.”
Harris v. N.C. Dep't of Pub. Saf., 798 S.E.2d 127 (N.C. Ct. App. 2017).
· cites it 16× “A career state employee who alleged he was dismissed, demoted, or suspended without pay without just cause under N.C. Gen. Stat. § 126-35 was first required to “pursue any grievance procedures established by the employing agency or department.”
Leiphart v. North Carolina Sch. of the Arts, 342 S.E.2d 914 (N.C. Ct. App. 1986).
· cites it 26× “" is one of several activities representative of personal misconduct which constitutes just cause for dismissal under G.S. 126-35. 1 N.C.A.C. 8J .0609(b) (repealed 1984).”
Kea v. Dep't of Health & Human Servs., 570 S.E.2d 919 (N.C. Ct. App. 2002).
· cites it 28× “Petitioner alleged he was terminated without just cause in violation of N.C. Gen.Stat. § 126-35, his due process rights were violated in that he was not provided with an unbiased pre-termination hearing, and respondent violated the specificity requirements of N.”
Blackburn v. N.C. Dep't of Pub. Saf., 784 S.E.2d 509 (N.C. Ct. App. 2016).
· cites it 11× “" Petitioner argues that the ALJ violated the notice requirements of N.C. Gen.Stat. § 126-35 by considering facts and circumstances that were not specifically discussed in petitioner's pre-disciplinary letter.”
Emp. Sec. Comm'n v. Peace, 493 S.E.2d 466 (N.C. Ct. App. 1997).
· cites it 28× “The basis of his appeals were that ESC lacked "just cause" to dismiss him pursuant to N.C.Gen.Stat. § 126-35 (1991), and that he had been discharged in retaliation for having filed discrimination charges against ESC in 1989, for violation of Title VII, Section 704(a) of the…”
Brewington v. N.C. Dep't Of Pub. Saf., 802 S.E.2d 115 (N.C. Ct. App. 2017).
· cites it 10× “" N.C. Gen. Stat. § 126-35 (a) (2015). Under the North Carolina Administrative Code, "just cause" for the disciplinary action taken may be established upon a showing of an employee's "unacceptable personal conduct.”
Hunt v. N.C. Dep't of Pub. Saf., 817 S.E.2d 257 (N.C. Ct. App. 2018).
· cites it 19× “In cases of such disciplinary action, the employee shall, before the action is taken, be furnished with a statement in writing setting forth the specific acts or omissions that are the reasons for the disciplinary action and the employee's appeal rights.”
Early v. Cnty. of Durham Dep't of Soc. Servs., 616 S.E.2d 553 (N.C. Ct. App. 2005).
· cites it 26× “On 19 February 2001, Early filed a contested case petition with the State Office of Administrative Hearings (“OAH”), alleging (1) that she was dismissed without just cause contrary to N.C. Gen. Stat. § 126-35 (a) (2003) and (2) that she was discriminated against based on her…”
Soles v. City of Raleigh Civil Serv. Comm'n, 480 S.E.2d 685 (N.C. 1997).
· cites it 14× “In reaching this conclusion, the Court of Appeals noted that the city provision was similar to the “just cause” provision contained in the State Personnel Act, N.C.G.S. § 126-35, and that “our courts have previously established” that N.”
North Carolina Dep't of Corr. v. Myers, 462 S.E.2d 824 (N.C. Ct. App. 1995).
· cites it 16× “Myers was demoted and reduced in pay and grade without just cause in contravention of N.C.Gen. Stat. § 126-35 (1993), we do not address petitioner's arguments that the demotion letter met the specificity requirement of N.”
— N.C. Gen. Stat. § 126-35(a) — 32 cases
North Carolina Dep't of Env't & Nat. Resources v. Carroll, 599 S.E.2d 888 (N.C. 2004).
“A “career State employee” is *657 defined as a state employee who “[i]s in a permanent position appointment” and “[h]as been continuously employed by the State of North Carolina in a [non-exempt] position ... for the immediate 24 preceding months.”
Peace v. Emp. SEC. Com'n of North Carolina, 507 S.E.2d 272 (N.C. 1998).
“The essential question presented for review is whether the Court of Appeals erred in affirming the trial court's determination that the State Personnel Commission improperly placed the burden of proof on the Employment Security Commission of North Carolina (ESC) in a claim for…”
Blackburn v. N.C. Dep't of Pub. Saf., 784 S.E.2d 509 (N.C. Ct. App. 2016).
“" Petitioner argues that the ALJ violated the notice requirements of N.C. Gen.Stat. § 126-35 by considering facts and circumstances that were not specifically discussed in petitioner's pre-disciplinary letter.”
Brewington v. N.C. Dep't Of Pub. Saf., 802 S.E.2d 115 (N.C. Ct. App. 2017).
“" N.C. Gen. Stat. § 126-35 (a) (2015). Under the North Carolina Administrative Code, "just cause" for the disciplinary action taken may be established upon a showing of an employee's "unacceptable personal conduct.”
— N.C. Gen. Stat. § 126-35(c) — 1 case
— N.C. Gen. Stat. § 126-35(d) — 2 cases
North Carolina Dep't of Env't & Nat. Resources v. Carroll, 599 S.E.2d 888 (N.C. 2004).
“A “career State employee” is *657 defined as a state employee who “[i]s in a permanent position appointment” and “[h]as been continuously employed by the State of North Carolina in a [non-exempt] position ... for the immediate 24 preceding months.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.