A complicated ruling from the N.C. Court of Appeals will allow a former state government “whistleblower” to pursue his case that he should not have been reclassified as a political appointee subject to dismissal.
Joe Vincoli, a former N.C. Department of Public Safety employee, had challenged the constitutionality of a 2013 state law that gave Gov. Pat McCrory the authority to declare up to 1,500 state government workers “at-will” appointees who could be hired and fired without job protections associated with career state employees. Before the change in law, just 400 workers were listed as “at-will” state employees.
A trial judge agreed with Vincoli, but the Appeals Court reversed that judge. The appellate ruling allows Vincoli to pursue his case under provisions of a different state law. The ruling is complicated because it throws out Vincoli’s constitutional claims without stopping him from pursuing his attempt to reverse his loss of career status.
