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Discharge or Leaving--Resignation Not Withdrawn; Compensated Notice Period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