SCOTLAND COUNTY SCHOOLS v. Locklear

688 S.E.2d 696, 197 N.C. App. 193, 2009 N.C. App. LEXIS 820
CourtCourt of Appeals of North Carolina
DecidedMay 19, 2009
DocketCOA08-795
StatusPublished
Cited by1 cases

This text of 688 S.E.2d 696 (SCOTLAND COUNTY SCHOOLS v. Locklear) is published on Counsel Stack Legal Research, covering Court of Appeals of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
SCOTLAND COUNTY SCHOOLS v. Locklear, 688 S.E.2d 696, 197 N.C. App. 193, 2009 N.C. App. LEXIS 820 (N.C. Ct. App. 2009).

Opinions

STEELMAN, Judge.

The superior court correctly concluded that the Commission erred in applying N.C. Gen. Stat. §§ 96-14(2) and (2a) rather than § 96-14(2b) to Locklear’s claim for unemployment benefits. The Commission did not make sufficient findings of fact for this Court to engage in effective appellate review of the issues presented under N.C. Gen. Stat. § 96-14(2b), and this matter is remanded for further findings of fact.

I. Procedural and Factual Background

The record in this matter reveals the following: The Scotland County Schools (employer) hired Donna Locklear (claimant) as a lat[195]*195eral-entry kindergarten teacher in 2003. As a lateral-entry teacher, claimant possessed a provisional teaching license. To retain her position, claimant was required to pass a state licensing examination known as “PRAXIS.” On 30 October 2006, claimant was notified that her provisional teaching license had expired, and it was “essential that [she] complete all requirements prior to May 1, 2007 or risk the possibility of not being reemployed for the 2007-08 school year.” On 14 June 2007, claimant was terminated from her position for failure to pass the PRAXIS exam.

Claimant filed for unemployment benefits effective 22 July 2007. On 1 September 2007, her claim was denied by the Employment Securities Commission (Commission) on the basis of N.C. Gen. Stat. § 96-14(2). The Adjudicator determined that “Claimant was separated from this job because she did not pass the test which was required for continued employment.” Claimant appealed.

Following a 2 October 2007 hearing, an Appeals Referee ruled that claimant was not disqualified for benefits under N.C. Gen. Stat. § 96-14(2) because she was not “discharged for substantial fault or misconduct.” Employer appealed. On 6 November 2007, the Commission affirmed the decision of the Appeals Referee.

On 6 December 2007, employer filed a Petition for Judicial Review in Scotland County Superior Court. On 24 March 2008, the superior court entered an order reversing the decision of the Commission, applying N.C. Gen. Stat. § 96-14(2b) rather than § 96-14(2), and ruling that, upon the findings of fact made by the Commission, claimant was disqualified under § 96-14(2b) from receiving unemployment benefits. Commission appeals.

II. Standard of Review

“[W]hen judicial review is sought of decisions of the Commission on unemployment benefits, ‘the findings of fact by the Commission, if there is evidence to support them and in the absence of fraud, shall be conclusive, and the jurisdiction of the court shall be confined to questions of law.’ ” Williams v. Burlington Industries, Inc., 318 N.C. 441, 448, 349 S.E.2d 842, 847 (1986) (quoting N.C.G.S. § 96-15(i) (1985)); N.C. Gen. Stat. § 96-15(i) (2007).

In reviewing ESC decisions the superior court must determine whether the facts found by the Commission are supported by any competent evidence and whether those facts support the Com[196]*196mission’s conclusions of law. Employment Security Comm. v. Young Men’s Shop, 32 N.C. App. 23, 231 S.E.2d 157, disc. rev. denied, 292 N.C. 264, 233 S.E.2d 396 (1977). Additionally, “[i]f the findings of fact made by the Commission, even though supported by competent evidence in the record, are insufficient to enable the court to determine the rights of the parties upon the matters in controversy, the proceeding should be remanded to the end that the Commission make proper findings.” In re Bolden, 47 N.C. App. 468, 471, 267 S.E.2d 397, 399 (1980).

Dunlap v. Clarke Checks, Inc., 92 N.C. App. 581, 583-84, 375 S.E.2d 171, 173 (1989). The Commission’s findings of fact are binding if supported by any competent evidence, but its conclusions of law are reviewed de novo. Housecalls Nursing Servs. v. Lynch, 118 N.C. App. 275, 278, 454 S.E.2d 836, 839 (1995); N.C. Gen. Stat. § 96-15(i).

III. N.C. Gen. Stat. § 96-14(2b) is the Controlling Statute

In its first argument, the Commission contends that the superior court erred in applying N.C. Gen. Stat. § 96-14(2b). We disagree.

The 1985 General Assembly enacted subsection (2b) of N.C. Gen. Stat. § 96-14, which states that an individual shall be disqualified for benefits:

For the duration of his unemployment beginning with the first day of the first week during which or after the disqualifying act occurs with respect to which week an individual files a claim for benefits if it is determined by the Commission that the individual is, at the time such claim is filed, unemployed because the individual has been discharged from employment because a license, certificate, permit, bond, or surety that is necessary for the performance of his employment and that the individual is responsible to supply has been revoked, suspended, or otherwise lost to him, or his application therefor has been denied for a cause that was within his power to control, guard against, or prevent.

NC. Gen. Stat. § 96-14(2b) (2007).

The superior court ruled that:

4. The Employment Security Commission’s conclusion of law that “the evidence fails to show that claimant was discharged from the job for substantial fault or misconduct connected with [197]*197the work” improperly applies the law and is irrelevant to the findings of fact.
5. The case at bar is governed by G.S. 96-14(2b) ....

The Commission made seven findings of fact, four of which addressed the licensure requirements of claimant’s employment. Specifically, the Commission found that: claimant was discharged because she failed to meet the requirements needed to maintain her teaching position; to legally retain her position, claimant was required to pass the PRAXIS test; and, despite taking preparatory classes and sitting on multiple occasions, claimant “was unable to pass.” Based upon these findings, it is clear that claimant’s termination was based upon her failure to comply with employer’s licensure requirements and not upon misconduct or substantial fault. Because the termination did not implicate the misconduct or substantial fault provisions of N.C. Gen. Stat. § 96-14, we hold that the trial court correctly concluded that the controlling statute was subparagraph (2b) of N.C. Gen. Stat. § 96-14.

This argument is without merit.

IV. Findings Under N.C. Gen. St.at. $ 96-14C2b)

In its second argument, the Commission contends that the superior court erred in concluding that the claimant was disqualified from unemployment benefits pursuant to N.C. Gen. Stat. § 96-14(2b), supra. We agree.

In its entirety, conclusion of law 5 in the order reads:

5. The case at bar is governed by G.S.

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SCOTLAND COUNTY SCHOOLS v. Locklear
688 S.E.2d 696 (Court of Appeals of North Carolina, 2009)

Cite This Page — Counsel Stack

Bluebook (online)
688 S.E.2d 696, 197 N.C. App. 193, 2009 N.C. App. LEXIS 820, Counsel Stack Legal Research, https://law.counselstack.com/opinion/scotland-county-schools-v-locklear-ncctapp-2009.