Smith v. Spence & Spence

343 S.E.2d 256, 80 N.C. App. 636, 1986 N.C. App. LEXIS 2241
CourtCourt of Appeals of North Carolina
DecidedMay 20, 1986
DocketNo. 8511SC623
StatusPublished
Cited by1 cases

This text of 343 S.E.2d 256 (Smith v. Spence & Spence) 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
Smith v. Spence & Spence, 343 S.E.2d 256, 80 N.C. App. 636, 1986 N.C. App. LEXIS 2241 (N.C. Ct. App. 1986).

Opinion

COZORT, Judge.

The question presented by this appeal is whether an employee’s delinquency in her personal financial affairs which caused a detrimental effect on her employer’s relationship with his clients who were creditors of the employee constitutes “substantial fault on the employee’s part connected with her work not rising to the level of misconduct” for which the employee may be terminated. We hold the conduct of the secretary does rise to the level of substantial fault, and we affirm the superior court’s Judg[637]*637ment upholding the Decision of the Employment Security Commission of North Carolina to disqualify the secretary from receiving unemployment benefits for a period of four weeks, pursuant to G.S. 96-14(2A). The pertinent facts and procedural history follow.

Claimant Lori P. Smith was employed as a legal secretary for the Johnston County law firm Spence and Spence. As of 8 June 1984 she had been employed by the firm for five years and one month. Claimant had encountered personal financial difficulties the entire time of her employment. The senior partner of the law firm, Robert A. Spence, Sr. (hereinafter “employer”), knew of her financial difficulties and had many times assisted her by paying her early. On one occasion, he endorsed a bank note for her for $1,000 to enable her to help straighten up her affairs. When the claimant defaulted on the note, the employer paid it off, and while he obtained about $500 from the man living with the claimant who also endorsed the note, he made no effort to get claimant to repay him the remaining $500, choosing instead to forgive her debt to him. On another occasion, the sheriffs office called on the claimant at the employer’s office to collect on a judgment against claimant and her former husband. Outside of her financial difficulties, claimant was an excellent employee, one of the best secretaries the employer had employed in his 34 years of practicing law.

On Friday, 8 June 1984, the employer was on his way to the courthouse when he encountered Ms. Margaret Lassiter, a public accountant described by the employer as a “very close client” and a business associate. Ms. Lassiter told the employer that she had rented an apartment to the claimant and that the claimant had moved out to rent a more expensive apartment, owing Ms. Lassi-ter about $1,600 in delinquent rent payments and advancements Ms. Lassiter had made to pay claimant’s electric bill. When the employer returned to his office, he asked claimant about the debt to Ms. Lassiter. Claimant told employer she believed the amount she owed Ms. Lassiter was around $1,100-$1,200. The employer told claimant she had ten days to straighten up her financial affairs, or she would have to look for another job. He told her he was afraid her creditors might start taking their business elsewhere instead of dealing with the employer’s law firm. The claimant worked the following Monday and Tuesday. She asked [638]*638for and received vacation for Wednesday, Thursday and Friday. She attempted to arrange some financial assistance to help pay off her debts; however, her efforts were unsuccessful. On Monday, 18 June, claimant returned to the office. She was asked by Robert Spence, Jr., employer’s son and partner, whether she had any prospects for a job. Upon hearing that she did not, he offered the law firm as a reference. Claimant boxed up her personal belongings, left her keys with another secretary, and left.

Claimant registered for work and filed a claim for unemployment benefits at the Goldsboro Local Office of the North Carolina Employment Security Commission. The Claims Adjudicator for the Commission determined that claimant was disqualified from receiving benefits because her reason for leaving employment did “not constitute with good cause attributable to the employer.” Claimant appealed to an Appeals Referee, who issued a decision upholding the disqualification of benefits, modified to provide that claimant was “disqualified for unemployment benefits for a period of nine weeks,” because her discharge was for “substantial fault connected with the work.” On appeal, the Commission affirmed the decision of the Appeals Referee, further modifying the decision to reduce the disqualification of benefits to four weeks, finding that “the claimant’s conduct was not intended to harm the employer.” Claimant appealed to the Superior Court of Johnston County where the presiding judge affirmed in its entirety the decision of the Commission. Claimant appeals that decision to this Court.

Claimant presents three issues for consideration by this Court: (1) whether certain findings of fact made by the Commission are supported by competent evidence; (2) whether the Commission’s decision is correct as a matter of law; and (3) whether the decision of the Commission violates the claimant’s constitutionally protected right to privacy. We affirm.

Our scope of review is:

In considering an appeal from a decision of the Employment Security Commission, the reviewing court must (1) determine whether there was evidence before the Commission to support its findings of fact and (2) decide whether the facts found sustain the Commission’s conclusions of law and its resulting decision. Employment Security Comm. v. Jarrell, 231 N.C. 381, 57 S.E. 2d 403 (1950).

[639]*639Intercraft Industries Corp. v. Morrison, 305 N.C. 373, 376, 289 S.E. 2d 357, 359 (1982).

In her first assignment of error, claimant challenges four findings of fact made by the Appeals Referee, subsequently affirmed by the Commission and the trial court:

2. Claimant was discharged from this job because her personal financial affairs adversely affected and caused em-barrasment [sic] to the employer’s business.
* * * *
4. During this period of time, claimant has on a continuing basis experienced financial difficulties occasionally resulting in creditors contacting her at the employer’s place of business. In addition, the employer had been contacted by the sheriffs department in reference to the service of a summons for the execution of a judgment.
5. Claimant had been previously advised of the embarras-ing [sic] nature of her personal financial problems and had made attempts, though [sic] the assistance of the employer via the co-signing of a note, to straighten out her affairs.
* * * *
7. Claimant was substantially indebted to a client of the employer.

At the hearing before the Appeals Referee, the employer testified that the claimant “had had financial problems throughout her employment.” He testified that the sheriffs office came to his office once to collect a judgment against claimant and her former husband. He testified that he helped her borrow money from a bank by endorsing a note for her and that the banker called him because claimant defaulted on the note. The employer paid off the note, received $500 from a co-endorser, and forgave the remaining $500 claimant owed him. The employer testified that he was told by Ms. Lassiter that claimant owed her $1,600, and he further testified, “I have done a lot of work with Ms. Lassiter. She did a lot of referrals.” The employer further testified:

[T]hese people called in the office, the sheriff collecting judgments in the office, and a very close client complaining [640]

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Cite This Page — Counsel Stack

Bluebook (online)
343 S.E.2d 256, 80 N.C. App. 636, 1986 N.C. App. LEXIS 2241, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-spence-spence-ncctapp-1986.