Legal Opinion

Burley v. U.S. Foods, Inc.

Supreme Court of North Carolina

Decided September 25, 2015No. 123A14PublishedCited by 2 opinions

1Opinion of the Court

JACKSON, Justice.

In this case we consider whether an employment contract was “made in this State” when it was formed in South Carolina and allegedly modified in North Carolina. N.C.G.S. § 97-36 (2013). We conclude that the modification that occurred here did not alter the state in which the *316contract was made. Accordingly, we reverse the decision of the Court of Appeals.

Plaintiff is a resident of Augusta, Georgia. In May 2000, U.S. Foods, Inc. extended plaintiff an offer of employment, which plaintiff accepted by signing the offer letter. According to plaintiff’s testimony, he was in Fort…

2Cases cited18 opinions

  1. Deese v. Champion International Corp.Supreme Court of North Carolina · 2000
  2. McRae v. Toastmaster, Inc.Supreme Court of North Carolina · 2004
  3. Tom Togs, Inc. v. Ben Elias Industries Corp.Supreme Court of North Carolina · 1986
  4. Lucas v. Li'l General StoresSupreme Court of North Carolina · 1976
  5. Perkins v. Arkansas Trucking Services, Inc.Supreme Court of North Carolina · 2000

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3Cited by2 opinions

  1. Hall v. U.S. Xpress, Inc.Court of Appeals of North Carolina · 2017
  2. Q Level, LLC v. Moog Music, Inc.District Court, W.D. North Carolina · 2020

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