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COLLINS v. B & G PIE CO., INC.

No. 8121SC1394.

296 S.E.2d 809 (1982)

In the Matter of Earl D. COLLINS, Jr., Claimant-appellant, v. B & G PIE COMPANY, INC., Employer-appellee, and Employment Security Commission of North Carolina, Appellee.

Court of Appeals of North Carolina.

November 2, 1982.

Attorney(s) appearing for the Case

Legal Aid Soc. of Northwest North Carolina, Inc. by Thomas A. Harris, Winston-Salem, for claimant-appellant.

Jack E. Ruby, Winston-Salem, for employer-appellee.

C. Coleman Billingsley, Jr., Raleigh, for appellee.

WELLS, Judge.

The sole question we address is whether absence from employment in violation of a work rule due to incarceration for a willful or legally unexcused probation violation amounts to "misconduct" in the context of N.C.G.S. 96-14. We hold that it does.

G.S. 96-14, in part, provides:

An individual shall be disqualified for benefits ... if it is determined by the Commission that such individual is, at the time such claim is filed, unemployed...

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