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Non-Career State Employee North Carolina

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  • Non-Career State Employee North Carolina

    I have a client who was terminated from a position s/he had for the State of NC. The client did not meet the criteria of being a "career state employee" which would have given her more rights. The client was subjected to disciplinary review which which did not follow the rules of the State. However, the NC Courts rejected an appeal of the ADMINISTRATIVE DECISION, since that is only available for career employees.

    However, we would like to move this into court and am investigating some other ways to do so. Do any of you either directly or through clients (lawyers) have any experience in this?

    James Cuticchia

  • #2
    Someone else might come along with some other/additional information for you but you probably should talk to an attorney.

    I don't know if that is your real name you signed with but if it is, you might want to remove it for your protection.
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

    Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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    • #3
      Typically those who fall outside government protection have only the same rights as a private sector employee. Typically that is limited to protections as granted to all employees subject to laws which govern employment such as prohibiting termination due to race, sex, religion, etc.

      Also be aware of 11th ammendment immunity and how that may affect the specific type of claim you are trying to bring.

      In other words, you really need a lawyer to help you on this one.
      I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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