Precedent Decisions
N.C. Gen .Stat. § 96-4(e) authorizes the Division of Employment Security to choose and distribute relevant and suitable materials. DES developed Precedent Decisions through the appeals process. DES's Precedent Decisions contain significant legal determinations of general application. DES selected certain decisions in unemployment and tax matters and designated them as precedents. Precedent Decisions are binding on DES in matters involving the same issue unless a court case or law provides otherwise.
| NUMBER | CASE NAME | TOPIC |
|---|---|---|
| Precedent Decision No. 1 | In re Talbert | Left Work--Health or Medical Reasons |
| Precedent Decision No. 2 | In re Springer | Left Work--Reduction in Pay |
| Precedent Decision No. 3 | In re Clark | Discharge--Absenteeism/Incarceration |
| Precedent Decision No. 4 | In re Boone | Discharge--Totality of the Circumstances |
| Precedent Decision No. 5 | In re Daley | Discharge--Employee's Untruthfulness |
| Precedent Decision No. 6 | In re Hendrick | Procedure--Continuance; Real Evidence |
| Precedent Decision No. 7 | REVOKED | |
| Precedent Decision No. 8 | In re Buchanan | Discharge--Absence; Childcare; Good Cause |
| Precedent Decision No. 9 | In re Davis | Substitute Teachers--Between Terms Denials |
| Precedent Decision No. 10 | In re Lee | Hearing--Procedural Due Process; Intimidation of Witness |
| Precedent Decision No. 11 | In re Taylor | Left Work--Reduced Work Hours; Availability of Hours in Supplemental Position; Not Good Cause |
| Precedent Decision No. 12 | In re Schofield | Discharge or Leaving--Resignation Not Withdrawn; Compensated Notice Period |
| Precedent Decision No. 13 | REVOKED | |
| Precedent Decision No. 14 | In re Gordon | Commission Approved Training--Directed to Attend; Failure to Attend; Good Cause |
| Precedent Decision No. 15 | In re Vaughn | Discharge or Leaving--Employer's Language |
| Precedent Decision No. 16 | In re Garner | Discharge--Employment Application; Willful Omitting Data |
| Precedent Decision No. 17 | In re Draper | Hearing--Procedural Due Process; Suitable Hearing Space; Sequestration of Witnesses |
| Precedent Decision No. 18 | In re Cunningham | Left Work--Overtime Compensation |
| Precedent Decision No. 19 | In re Tyndall | Left Work--Suitability of Offered Continuing Employment |
| Precedent Decision No. 20 | In re Lanier | Hearing--Procedural Due Process; Interpreters |
| Precedent Decision No. 21 | In re Roecker | Discharge--Refusal to take Drug Test; Work Rule |
| Precedent Decision No. 22 | In re Paris | Tax--Independent Contractor; Intent of Parties |
| Precedent Decision No. 23 | In re Lambert | Availability for Work--Seeking Work After Obtaining Job |
| Precedent Decision No. 24 | In re Lindsey | Discharge--Substantial Fault; Reasonable Control; Reasonable Job Requirements |
| Precedent Decision No. 25 | In re Peloquin | Fair Hearing--Continuances; Timely Request; Reasons |
| Precedent Decision No. 26 | In re Lynch | Discharge--Misconduct; Drug-Related Conviction |
| Precedent Decision No. 27 | In re McHenry | Left Work--Health Reasons; Pregnancy |
| Precedent Decision No. 28 | REVOKED | |
| Precedent Decision No. 29 | In re Watson | Left Work--Good Cause; Attributable to Employer; Lack of Reliable Transportation; Work Site Relocated |
| Precedent Decision No. 30 | In re Garrett | Appeals Decision on Remand; New Findings of Fact |
| Precedent Decision No. 30 | In re Garrett | ORDER REVOKING IN PART |
| Precedent Decision No. 31 | In re Huckabee | Tax--Independent Contractors; Right to Control Work |
| Precedent Decision No. 32 | In re Brown | Employment Relationship--Continuing; Intent of Parties; Temporary Personnel Service Employer; Failure to Accept All Suitable Work Assignments - Availability or Work Refusal |
| Precedent Decision No. 33 | In re Fallin | Employment Relationship--Continuing; Discharge or Left Work; Availability or Work Refusal; Burden on Claimant to Show Good Cause for Failure to Accept Suitable Work Offer |
| Precedent Decision No. 34 | In re Teachey | Discharge--Drug-related; Results of Controlled Substance Test; Validity Established by Affidavit - Competent Evidence |
| Precedent Decision No. 35 | In re Marlow | Left Work--Good Cause; Attributable to Employer; Sexual Harassment by Supervisor; Failure to Seek Redress Under Grievance Procedure Not Disqualifying |
| Precedent Decision No. 36 | In re Bright | Subsidiary work; Secondary employment; Separation from part-time work; Part-totally unemployment. |
| Precedent Decision No. 37 | In re Heenan | Left Work--Good Cause; Attributable to Employer; Method used to leave work; Reduction in all employment benefits; Reduction in hourly wage. |
| Precedent Decision No. 38 | In re Kopp | Withdrawal of Appeal; Authority of hearing official to disregard withdrawal request by appealing party; Subsequent appeals decision on merits of separation issued null & void |
| Precedent Decision No. 39 | In re the Staffing Alliance | Involuntary successorship |
| Precedent Decision No. 40 | In re Penhollow | Discharge or Left Work: Resignation; Notice Period Policy |
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