Smith v. Kinder Care Learning Centers, Inc.
Court of Appeals of North Carolina
1Opinion of the Court
PARKER, Judge.
In reviewing a decision of the Employment Security Commission, the court must (i) determine whether the Commission’s findings of fact are supported by competent evidence and (ii) decide whether the findings of fact support the Commission’s conclusions of law and its final decision. Intercraft Industries Corp. v. Morrison, 305 N.C. 373, 376, 289 S.E. 2d 357, 359 (1982). The burden is on the employer to show that a discharged employee is disqualified from receiving benefits. Id. In the present case, petitioner contends that the Commission erred in finding that she willfully and…
2Cases cited10 opinions
- McLean v. Unemployment Compensation Board of ReviewSupreme Court of Pennsylvania · 1978
- Jenkins v. North Carolina Department of Motor VehiclesSupreme Court of North Carolina · 1956
- Intercraft Industries Corp. v. MorrisonSupreme Court of North Carolina · 1982
- Williams v. Burlington Industries, Inc.Supreme Court of North Carolina · 1986
- Matter of CantrellCourt of Appeals of North Carolina · 1980
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3Cited by1 opinion
- Fair v. St. Joseph's Hospital, Inc.Court of Appeals of North Carolina · 1993