Legal Opinion
Peace v. Employment SEC. Com'n of North Carolina
Supreme Court of North Carolina
Decided December 4, 1998No. 599A97PublishedCited by 71 opinions
1Opinion of the Court
LAKE, Justice.
The essential question presented for review is whether the Court of Appeals erred in affirming the trial court’s determination that the State Personnel Commission improperly placed the burden of proof on the Employment Security Commission of North Carolina (ESC) in a claim for “just cause” termination pursuant to N.C.G.S. § 126-35. For the reasons discussed herein, we conclude that allocating the burden of proof to the disciplined employee does not violate that employee’s rights to due process. Accordingly, we affirm the Court of Appeals.
Petitioner, William H. Peace, III, was…
2Cases cited21 opinions
- Mathews v. EldridgeSupreme Court of the United States · 1976
- Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
- Wolff v. McDonnellSupreme Court of the United States · 1974
- Cleveland Board of Education v. LoudermillSupreme Court of the United States · 1985
- Santosky v. KramerSupreme Court of the United States · 1982
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3Cited by71 opinions
- North Carolina Department of Environment & Natural Resources v. CarrollSupreme Court of North Carolina · 2004
- McCallum v. North Carolina Cooperative Extension Service of N.C. Carolina State UniversityCourt of Appeals of North Carolina · 2001
- State v. FowlerCourt of Appeals of North Carolina · 2009
- Clayton v. BransonCourt of Appeals of North Carolina · 2005
- Johnson v. North CarolinaDistrict Court, W.D. North Carolina · 2012
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