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The Wetherington Factors and Just Cause in NC SHRA Misconduct Cases

Posted by Sean P. CecilAug 16, 20260 Comments

Under the North Carolina Human Resources Act, a career State employee may not be discharged, suspended, or demoted for disciplinary reasons except for "just cause". When an agency seeks to discipline an employee on the grounds of "unacceptable personal conduct" it must prove that the discipline is appropriate using five mandatory factors to achieve a fair and equitable result.