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CP & L v. EMPLOYMENT SEC. COM'N

No. 441A08.

681 S.E.2d 776 (2009)

CAROLINA POWER & LIGHT COMPANY, Petitioner v. EMPLOYMENT SECURITY COMMISSION OF NORTH CAROLINA and Herman D. Roberts, Respondents.

Supreme Court of North Carolina.

August 28, 2009.

Attorney(s) appearing for the Case

Cranfill Sumner & Hartzog, LLP, by Norwood P. Blanchard, III, Wilmington, for petitioner-appellant.

Thomas S. Whitaker, Chief Counsel, and Thomas H. Hodges, Jr., Raleigh, for respondent-appellee, Employment Security Commission of North Carolina.

PARKER, Chief Justice.

The sole issue on this appeal is whether an employee who accepts a Voluntary Early Retirement Package ("VERP"), offered by the employer as part of a company-wide downsizing, is eligible for unemployment insurance benefits under Chapter 96 of the North Carolina General Statutes. We reverse the Court of Appeals and hold that the employee is ineligible for benefits.

Herman D. Roberts (claimant) was employed by Carolina Power & Light...

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