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EMPLOYMENT SEC. COM'N OF N. C. v. WELLS

No. 8010SC433.

274 S.E.2d 256 (1981)

In the Matter of EMPLOYMENT SECURITY COMMISSION OF NORTH CAROLINA, Appellant, v. Steve WELLS, Appellee.

Court of Appeals of North Carolina.

January 20, 1981.

Attorney(s) appearing for the Case

Howard G. Doyle and V. Henry Gransee, Jr., Raleigh, for the Employment Security Commission of North Carolina, petitioner-appellant.

Latham, Wood & Balog by James F. Latham, Burlington, for respondent-appellee.

MORRIS, Chief Judge.

We need not reach the question of whether respondent failed to carry the necessary burden of proof to show just cause for petitioner's dismissal from its employ. Rather, we decide this case on the preliminary question of whether petitioner had given respondent the proper notice of the reasons for his dismissal as required by law. G.S. 126-35 provides in part:

No permanent employee subject to the State Personnel Act shall be discharged...

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