Civil Clinic: Case Work Developments

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Laura Kessler
Laura Kessler and Brian Gwyn, of the UNC Law Civil Clinic, recently won an unemployment insurance appeal for a client who was terminated from her place of employment in September 2015. The employer claimed that the client’s chronic absenteeism constituted misconduct under North Carolina law, and an initial review by the Employment Securities Commission denied the client unemployment benefits. Through careful research and analysis of relevant statutes and case law, and with the help of an expert witness, Laura and Brian established that the employer could not support a claim of misconduct because the client had never been properly notified of the company’s attendance policy. The client’s primary language was not English, and all of the employee policies and manuals were in English. Further, the employer did not offer translations of those documents in any other languages, nor to did they provide proper interpretation services during trainings or disciplinary meetings. Professors Erika Wilson and Beth Posner assisted the students in advocating for the client, and Professor Posner attended the hearings with the students in January and February.

Civil Legal Assistance Clinic

Civil Legal Assistance Clinic

Posted by Beth S. Posner on Thu. March 3, 2016 1:23 PM
Categories: Civil Legal Assistance Clinic
UNC School of Law | Van Hecke-Wettach Hall | 160 Ridge Road, CB #3380 | Chapel Hill, NC 27599-3380 | 919.962.5106

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