Why would Josh Stein Fight to Deny a State Employee His or Her Constitutional Right to a Hearing?

In 2012 I was a low level state employee who had earned a vested right to a hearing in the Office of Administrative Hearings (“OAH”) to contest whether or not my position had been appropriately reclassified as exempt from the State Personnel Act by any Governor who might be elected in the future.

In 2013 the General Assembly tried to take that vested right to a hearing away from me and 1,199 other state employees.

In October of 2013 I was reclassified by Governor McCrory as 'managerial exempt' (even though I managed no people, no programs, and had never met one single person in the McCrory administration).

I was then fired on December 9, 2013 without cause or notice (and two weeks before Christmas!). I was paid 4 hours for my last day of work (which included a round trip from Kernersville to Raleigh, a one hour firing meeting, and an office clean out and key fob return).

Interestingly, even though I was 'so important' to the Governor, his administration did not ask for me to prepare any information about my work to provide to anyone in his administration before I departed.

In 2016 the NC Court of Appeals (NC COA) ruled in Vincoli v State that ‘career status’ state employees did have a right to a hearing.

Subsequent to the NC COA's ruling in Vincoli v State I applied for a contested case hearing in OAH.

On the 18th of May, 2017 the OAH granted my request for a hearing.

That hearing is presently scheduled for the 25th of September, 2017.

I expect, however, that AG Josh Stein will issue filings to try to block me from having that hearing.

I expect his Assistant AGs (Joseph Finarelli and Tamika Henderson) will argue (as they have in previous filings) that my initial lawyer made a legal error in 2014 by not filing an appeal of the OAH's initial dismissal of my request for a contested case to the NC COA (a dismissal that the NC COA later ruled was in error).


Is this what the Democratic Party really stands for?

Using the state's resources to fight to deny a state employee his or her constitutional right to a hearing to contest whether or not he or she met the criteria for 'managerial exempt' designation just because of a legal technicality is Kafkaesque.

Stein, Finarelli, and Henderson may be legally right; however, I believe they are morally wrong and their actions contradict the foundational principles of the Democratic party.

So, they have their state jobs and I am Gregor Samsa.

One morning, as Gregor Samsa was waking up from anxious dreams, he discovered that in bed he had been changed into a monstrous verminous bug. He lay on his armour-hard back and saw, as he lifted his head up a little, his brown, arched abdomen divided up into rigid bow-like sections. From this height the blanket, just about ready to slide off completely, could hardly stay in place. His numerous legs, pitifully thin in comparison to the rest of his circumference, flickered helplessly before his eyes.

‘What’s happened to me,’ he thought. It was no dream. His room, a proper room for a human being, only somewhat too small, lay quietly between the four well-known