Luck v. Employment Security Commission

MARTIN (Harry C.), Judge.

The only question presented by this appeal is whether Luck’s appeal was timely. It appears that this is a case of first impression in North Carolina. The pertinent provisions of N.C.G.S. 126-35 and 126-38 are:

§ 126-35.....Any employee appealing any decision or State Personnel Act shall be discharged, suspended, or reduced in pay or position, 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 employee’s appeal rights. The employee shall be…