Legal Opinion

North Carolina Department of Health & Human Services v. Maxwell

Court of Appeals of North Carolina

Decided March 4, 2003No. COA02-92PublishedCited by 5 opinions

1Opinion of the Court

HUDSON, Judge.

Respondent, Michael Duane Maxwell, was employed by Petitioner, North Carolina Department of Health and Human Services, Division of Vocational Rehabilitation (“State VR”) from 6 July 1998 until his termination on 30 April 1999. Thereafter, he appealed through internal grievance procedures without success and then filed a Petition for a Contested Case with the Office of Administrative Hearings (“OAH”). The Administrative Law Judge (“AU”) and State Personnel Commission (“SPC”) ruled in his favor, and the State VR sought review in superior court. The superior court adopted the…

2Cases cited17 opinions

  1. McDonnell Douglas Corp. v. GreenSupreme Court of the United States · 1973
  2. Amanini v. N.C. Department of Human ResourcesCourt of Appeals of North Carolina · 1994
  3. North Carolina Department of Correction v. GibsonSupreme Court of North Carolina · 1983
  4. Whiteco Outdoor Advertising v. Johnston County Board of AdjustmentCourt of Appeals of North Carolina · 1999
  5. Hedgepeth v. North Carolina Division of Services for the BlindCourt of Appeals of North Carolina · 2001

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3Cited by5 opinions

  1. McEwen v. Tennessee Department of SafetyCourt of Appeals of Tennessee · 2005
  2. Welter v. Rowan County Board of CommissionersCourt of Appeals of North Carolina · 2003
  3. Enoch v. Alamance County Dep't of Social ServicesCourt of Appeals of North Carolina · 2004
  4. Enoch v. Alamance County Dep't of Social ServicesCourt of Appeals of North Carolina · 2004
  5. Teresa McEwen v. Dept. of SafetyCourt of Appeals of Tennessee · 2003

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