Cp & L v. Employment SEC. Com'n

681 S.E.2d 776
CourtSupreme Court of North Carolina
DecidedAugust 28, 2009
Docket441A08
StatusPublished

This text of 681 S.E.2d 776 (Cp & L v. Employment SEC. Com'n) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cp & L v. Employment SEC. Com'n, 681 S.E.2d 776 (N.C. 2009).

Opinion

681 S.E.2d 776 (2009)

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

No. 441A08.

Supreme Court of North Carolina.

August 28, 2009.

*777 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 Company ("CP & L") as a field service representative. In January 2005 CP & L offered voluntary early retirement to several employees, including claimant. Claimant accepted the VERP, and his last day of work with CP & L was 31 May 2005.

After retiring, claimant filed an initial claim for unemployment insurance benefits effective the week beginning 24 July 2005. His claim was denied by the Employment Security Commission ("Commission") adjudicator. The appeals referee reversed the adjudicator. CP & L appealed to the Commission which upheld the decision of the appeals referee. CP & L next appealed to Superior Court, Wake County, which affirmed the decision of the Commission awarding benefits. CP & L gave notice of appeal to the Court of Appeals, which, in a divided opinion, affirmed the decision of the Superior Court. Based on the dissenting opinion in the Court of Appeals, CP & L appealed to this Court.

Inasmuch as CP & L has not challenged the Commission's findings of fact, this Court is bound by those findings, and the only question is whether the findings of fact support the conclusions of law. See, e.g., *778 State ex rel. Employment Sec. Comm'n v. Jarrell, 231 N.C. 381, 384, 57 S.E.2d 403, 405 (1950). We review the Commission's conclusions of law de novo.

The Commission made the following findings of fact:

2[.] The claimant began working for the employer on March 21, 1981[.] He last worked for the employer on May 31, 2005, as a field service representative[.]
3[.] The employer began downsizing its field service representative positions in January 2005[.] During this time, the claimant was informed that his position as field service representative had been eliminated and he was going to be assigned to a temporary position in Clinton, North Carolina[.] The claimant was told that he would be in Clinton until the downsizing was completed[.]
4[.] The claimant asked his supervisor and operations manager if he was going to be transferred back to his field service representative position in Whiteville, North Carolina, or if he was going to Wilmington, North Carolina. The claimant was never given an answer[.]
5[.] In January 2005, the employer offered several employees, including the claimant, an early retirement package[.] The claimant asked his supervisors if he would still have a job if he did not accept the early retirement package[.] The claimant's question was never answered so he accepted the early retirement package.

Based on these findings, the Commission concluded as a matter of law that claimant "left work within the meaning of the law" and that he did so for "good cause attributable to the employer."

The statutory provisions applicable to this appeal are N.C.G.S. § 96-14(1) and (1a). A claimant is disqualified from receiving benefits if the claimant is "at the time such claim is filed, unemployed because he left work without good cause attributable to the employer." N.C.G.S. § 96-14(1) (2007). Further, "[w]here an individual leaves work, the burden of showing good cause attributable to the employer rests on said individual, and the burden shall not be shifted to the employer." N.C.G.S. § 96-14(1a) (2007).

In this case the Commission's conclusion that claimant left work is undisputed. Thus, to resolve this appeal we must determine whether claimant's acceptance of the VERP which triggered his departure amounted to good cause for leaving his employment and if so, whether the good cause was attributable to CP & L. This Court has defined "good cause" as "a reason which would be deemed by reasonable men and women valid and not indicative of an unwillingness to work." Intercraft Indus. Corp. v. Morrison, 305 N.C. 373, 376, 289 S.E.2d 357, 359 (1982) (citing In re Watson, 273 N.C. 629, 161 S.E.2d 1 (1968)). A separation is attributable to the employer if it was "`produced, caused, created or as a result of actions by the employer.'" Couch v. Employment Sec. Comm'n, 89 N.C.App. 405, 409-10, 366 S.E.2d 574, 577 (quoting In re Vinson, 42 N.C.App. 28, 31, 255 S.E.2d 644, 646 (1979) (internal quotation marks omitted)), aff'd per curiam, 323 N.C. 472, 373 S.E.2d 440 (1988). Within the framework of these definitions, the Commission's findings of fact point to three possible actions attributable to the employer that could have been factors in claimant's acceptance of the VERP, namely, (i) the downsizing of the workforce, (ii) the supervisor's failure to answer claimant's question about his future employment, and (iii) the employer's offering of the VERP. The question then becomes whether any one of these actions as a matter of law constituted good cause for claimant to accept the VERP and leave his employment. We conclude that none of them does.

Downsizing of the workforce is a recognized means by which corporations and businesses maintain their productivity and profitability. Although downsizing may ultimately lead to the loss of some jobs, downsizing to a desired number of employees is often achieved through attrition. Downsizing or a reduction in force does not automatically trigger layoffs. In fact, the evidence in this case and the findings by the Commission based thereon would suggest that CP & L was utilizing this process, a part of which was the offering of an enhanced early retirement *779 package. When claimant's position in Whiteville, North Carolina, was eliminated, claimant was moved to Clinton, North Carolina, and, as the Commission found, was told that he would be there until the downsizing was completed. Nothing in that process suggests that claimant was to be terminated. The emphasis placed by the Commission and claimant on the failure of claimant's supervisor to tell claimant whether he would have a job after the downsizing was completed is misplaced.

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Related

Intercraft Industries Corp. v. Morrison
289 S.E.2d 357 (Supreme Court of North Carolina, 1982)
Barnes v. Singer Co.
376 S.E.2d 756 (Supreme Court of North Carolina, 1989)
Matter of Clark
266 S.E.2d 854 (Court of Appeals of North Carolina, 1980)
Goewert v. Anheuser Busch, Inc.
919 P.2d 106 (Court of Appeals of Washington, 1996)
Matter of Vinson
255 S.E.2d 644 (Court of Appeals of North Carolina, 1979)
Matter of Bolden
267 S.E.2d 397 (Court of Appeals of North Carolina, 1980)
Milliken & Co. v. Griffin
309 S.E.2d 733 (Court of Appeals of North Carolina, 1983)
In Re Poteat v. Employment Security Comm.
353 S.E.2d 219 (Supreme Court of North Carolina, 1987)
In Re Watson
161 S.E.2d 1 (Supreme Court of North Carolina, 1968)
State Ex Rel. Employment Security Commission v. Jarrell
57 S.E.2d 403 (Supreme Court of North Carolina, 1950)
Shields v. Proctor & Gamble Paper Products Co.
164 S.W.3d 540 (Missouri Court of Appeals, 2005)
George v. Unemployment Compensation Board of Review
767 A.2d 1124 (Commonwealth Court of Pennsylvania, 2001)
In re the Claim of Joseph
246 A.D.2d 944 (Appellate Division of the Supreme Court of New York, 1998)
Couch v. North Carolina Employment Security Commission
373 S.E.2d 440 (Supreme Court of North Carolina, 1988)
Carolina Power & Light Co. v. Employment Security Commission
681 S.E.2d 776 (Supreme Court of North Carolina, 2009)

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Bluebook (online)
681 S.E.2d 776, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cp-l-v-employment-sec-comn-nc-2009.