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PEACE v. EMPLOYMENT SEC. COM'N OF NORTH CAROLINA

No. 599A97.

507 S.E.2d 272 (1998)

349 N.C. 315

William H. PEACE, III, Petitioner, v. EMPLOYMENT SECURITY COMMISSION OF NORTH CAROLINA, Respondent. William H. PEACE, III, Petitioner, v. EMPLOYMENT SECURITY COMMISSION OF NORTH CAROLINA, Respondent.

Supreme Court of North Carolina.

December 4, 1998.

Attorney(s) appearing for the Case

Hilliard & Jones, by Thomas Hilliard, III, Raleigh, for petitioner-appellant Peace.

Michael F. Easley, Attorney General by Andrew A. Vanore, Jr., Chief Deputy Attorney General; John R. Corne, Special Deputy Attorney General; and Sylvia Thibaut, Assistant Attorney General, for respondent-appellant and -appellee Employment Security Commission.

LAKE, Justice.

The essential question presented for review is whether the Court of Appeals erred in affirming the trial court's determination that the State Personnel Commission improperly placed the burden of proof on the Employment Security Commission of North Carolina (ESC) in a claim for "just cause" termination pursuant to N.C.G.S. § 126-35. For the reasons discussed herein, we conclude that allocating the burden of proof to the disciplined employee does...

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