Legal Opinion

Floyd v. N.C. Department of Commerce

Court of Appeals of North Carolina

Decided June 19, 1990No. 8910SC1033PublishedCited by 9 opinions

1Opinion of the Court

ARNOLD, Judge.

Petitioner Floyd contends that the superior court judge erred in affirming the State Personnel Commission’s decision and order because it was not supported by substantial evidence. A permanent employee subject to the State Personnel Act may only be discharged for just cause. N.C. Gen. Stat. § 126-35. According to State Personnel Commission regulations promulgated pursuant to N.C. Gen. Stat. § 126-35, disciplinary action including dismissal can be imposed on the basis of either job performance or personal conduct. N.C. Admin. Code tit. 25, r.01J.0604. Petitioner was dismissed for…

2Cases cited4 opinions

  1. Henderson v. North Carolina Department of Human Resources, Division of Social ServicesCourt of Appeals of North Carolina · 1988
  2. Lackey v. North Carolina Department of Human ResourcesSupreme Court of North Carolina · 1982
  3. Watson v. North Carolina Real Estate CommissionCourt of Appeals of North Carolina · 1987
  4. Kandler v. Department of CorrectionCourt of Appeals of North Carolina · 1986

3Cited by9 opinions

  1. Rose v. City of Rocky MountCourt of Appeals of North Carolina · 2006
  2. Davis v. North Carolina Department of Human ResourcesCourt of Appeals of North Carolina · 1993
  3. Campbell v. North Carolina Department of Transportation—Division of Motor VehiclesCourt of Appeals of North Carolina · 2003
  4. Oates v. North Carolina Department of CorrectionCourt of Appeals of North Carolina · 1994
  5. North Carolina Department of Crime Control & Public Safety v. GreeneCourt of Appeals of North Carolina · 2005

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