Legal Opinion

Bailey v. Division of Employment Security, North Carolina Department of Commerce

Court of Appeals of North Carolina

Decided January 21, 2014No. COA13-452PublishedCited by 2 opinions

1Opinion of the Court

STEELMAN, Judge.

Where the trial court adopted all of the findings of fact made by DOC, which as a matter of law supported DOC’s ruling that petitioner engaged in misconduct, the trial court erred in reversing the decision of DOC.

I. Factual and Procedural Background

Cynthia A. Bailey (plaintiff) was employed by Pro Temps Medical Staffing (Pro Temps). On 11 December 2011, plaintiff’s employment with Pro Temps was terminated: On 1 January 2012, plaintiff filed a claim for unemployment benefits. An Adjudicator found that plaintiff was assigned to monitor a patient who was on suicide watch; that…

2Cases cited4 opinions

  1. North Carolina Department of Environment & Natural Resources v. CarrollSupreme Court of North Carolina · 2004
  2. Diaz v. Division of Social ServicesSupreme Court of North Carolina · 2006
  3. North Carolina Savings & Loan League v. North Carolina Credit Union CommissionSupreme Court of North Carolina · 1981
  4. Williams v. Burlington Industries, Inc.Supreme Court of North Carolina · 1986

3Cited by2 opinions

  1. Burroughs v. Green AppleCourt of Appeals of North Carolina · 2019
  2. Jackson v. N.C. Dep't of CommerceCourt of Appeals of North Carolina · 2015

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