Attorney II

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About Us

The North Carolina Department of Commerce is the state's lead agency for economic, community and workforce development. The department works with local, regional, national and international organizations to fulfill its mission to improve the economic well-being and quality of life for all North Carolinians.

The Department connects businesses with the site locations, workforce and infrastructure they need to succeed in one of the nation's top states for business. We also connect local communities with the grants and funding they need to attract new business and ensure future prosperity.

Description of Work

Knowledge Skills and Abilities/Management Preferences

The posting will close and stop accepting applications at 11:59 pm on the night prior to the closing date posted above.

***Recruitment range is $76,041 - $108,755***

This is a full-time position (40 hours per week) with State Benefits, including health insurance, as well as retirement.

Description of Work:

This position is responsible for handling complex assignments and cases with an emphasis on personnel grievances and issues arising under the State Human Resources Act; Family & Medical Leave Act; Workers' Compensation Act; Americans with Disabilities Act; Trade Readjustment Act; Fair Labor Standards Act; Title VII of the Civil Rights Act of 1964; and other state and federal laws. The position also handles policy and compliance development and implementation, tax, injunctions, labor disputes, subpoenas, special proceedings, release of information, agreements and contracts, all issues involving state and federal unemployment benefits, disaster assistance, State Unemployment Tax Act, fraud/overpayments in unemployment insurance schools and local government, and worker’s compensation cases. The incumbent is responsible for litigating proceedings in State, Federal, and Administrative Courts and is assigned the more complex and novel cases.

This position is physically located in Raleigh, North Carolina.

Duties for this position include:

• Analyze and determine the merits of a case, develop case strategy, research points of law for preparation of legal documents and oral arguments, and lead the litigation before federal, state, and administrative systems.
• Work is performed independently and the incumbent shall have the discretion to negotiate settlements, prepare opinions on rules and operations of the agency and answer inquiries from the public on legal issues subject to the approval of the Chief Counsel.

About the Division of Employment Security:

The N.C. Division of Employment Security (DES) is responsible for the administration of the unemployment insurance program in the state of North Carolina. This program is a federal-state partnership and is funded by federal and state unemployment taxes employers pay on employee wages. Benefits are paid to eligible workers who lose their job through no fault of their own and are able, available and actively seeking work. 

Knowledge, Skills and Abilities:

To receive credit for your work history and credentials, you must provide the information on the application form. Any information omitted from the application form, listed as general statements, or on an attachment will not be considered for qualifying credit. We will not review resumes in lieu of Experience and Education listed on the application (additional statement below under Supplemental and Contact Information).

Applicants who possess the following qualifications may receive management preference:

• Considerable knowledge of statutory, regulatory, case, and common law applicable to the practice of employment security law.
• Considerable knowledge of judicial and administrative procedures, including proceedings before courts and quasi-judicial bodies.
• Experience in civil or criminal litigation, including trial and/or appellate matters.
• Experience researching, interpreting, and applying statutes, regulations, constitutional provisions, and court decisions to complex legal issues.
• Experience analyzing facts and evidence and communicating legal conclusions and arguments clearly and logically, both orally and in writing.

Incentives of NC State Employment:

We value our employees and offer a wide variety of competitive and family-friendly benefits. Benefits to include:

·       12 Annual Paid Holidays and monthly accrual of vacation and sick leave 

·       North Carolina State Health Plan administered by Aetna 

·       Supplemental Benefits including Flexible Spending Accounts, Accident Insurance, Cancer & Specified Disease, Critical Illness, Dental, and Vision 

·       NC State Retirement (TSERS), 401(k), and 457 savings plans

·       WeSave Employee Discounts

·       Eligibility for the Public Service Loan Forgiveness Program

Learn more about new hire resources, safety, health, and wellness information, leave options, employee discounts and more by selecting the benefits link.

It is critical to our screening and salary determination process that applications contain comprehensive information. Please make sure you complete the application in full.  Information should be provided in the appropriate areas to include all work experience, the beginning and ending dates of jobs worked, education with the graduation date, and certificates/licenses.  Any information omitted from the application cannot be considered in screening for qualifying credit.  Hiring salary will be based on relevant qualifications, internal equity, and budgetary considerations pertinent to the advertised position.

Supplemental and Contact Information:
The North Carolina Department of Commerce is an Equal Opportunity Employer who embraces an Employment First philosophy which consists of complying with all federal laws, state laws, and Executive Orders. We are committed to reviewing requests for reasonable accommodation at any time during the hiring process or while on the job.  Commerce does not provide employment visa sponsorship.  Applicants must be legally authorized to work in the United States at the time of hire and throughout employment.

We are committed to reviewing requests for reasonable accommodation at any time during the hiring process and throughout employment.  Applicants requesting and receiving an accommodation under the Americans with Disabilities Act (ADA) are eligible to submit paper applications via mail or by fax by the vacancy closing date.

Applicants seeking Veteran's Preference must attach a DD-214 Form (Certificate of Release or Discharge from Active Duty) to their applications.

Applicants seeking National Guard Preference must attach a NGB 23A (RPAS) if they are a current member of the NC National Guard in good standing.  If a former member of the NC National Guard who served for at least 6 years and was discharged under honorable conditions, they must attach either a DD256 or NGB 22.

Our Agency uses the OSHR Recruiting and Posting of Vacancies Policy to fill positions subject to the State Human Resources Act with the most qualified individuals.  All applicants must complete and submit a state application for employment using the Careers with the State of NC portal. 

**PLEASE NOTE** It is critical to our screening and salary determination process that applications contain comprehensive information. Please make sure you complete the application in full.  Information should be provided in the appropriate areas to include all work experience, the beginning and ending dates of jobs worked, education with the graduation date, and certificates/licenses.  Any information omitted from the application cannot be considered in screening for qualifying credit.  Hiring salary will be based on relevant qualifications, internal equity, and budgetary considerations pertinent to the advertised position.  

***INCLUDE ALL RELEVANT EDUCATION AND WORK EXPERIENCE IN THE DESIGNATED EDUCATION AND WORK HISTORY SECTION ON THE FORMAL APPLICATION***

Attached resumes WILL NOT be accepted in lieu of completing this application and WILL NOT be used for screening for qualifying credit.  "See Resume" or “See Attachment" within the fillable application sections WILL NOT be accepted and will be considered an incomplete application and will not be processed.  Answers to Supplemental Questions must refer to education or work experience listed on this application to receive credit.  Degrees must be received from appropriately accredited institutions.  To receive credit for your work history and credentials, you must list the information on the application form.   For additional information about applications and processes with the state of NC, please visit:  State Government Application Resources.

For consideration for this vacancy, all applicants must complete an online application.  If multiple applications are submitted to an individual posting, only the most recent application received prior to the posting close date will be evaluated for consideration.

Applications for positions requiring specific coursework must be accompanied by a copy of the applicant's transcript.  If applicants earned college credit hours but did not complete a degree program, they must attach an unofficial transcript to each application to receive credit for this education.

Re-Entry for Formerly Incarcerated Individuals
Our Agency supports the Governor's Executive Order 303 which seeks to re-employ individuals that were previously incarcerated.  Formerly incarcerated individuals are invited to apply for any vacant Commerce position(s) in which they believe they are qualified.

Please note: This position is subject to a National and International Background Investigation and/or Fingerprinting as required by applicable law.

By providing the requested information, you certify that you have given true, accurate and complete information on this attachment to the best of your knowledge. In the event confirmation is needed in connection with your work, you authorize educational institutions, associations, registration and licensing boards, and others to furnish whatever detail is available concerning your qualifications. You authorize investigation of all statements made in this application and understand that false information or documentation, or a failure to disclose relevant information may be grounds for rejection of your application, disciplinary action or dismissal if you are employed, and(or) criminal action. You further understand that dismissal upon employment shall be mandatory if fraudulent disclosures are given to meet position qualifications (Authority: GS 126-30, GS 14- 122.1).

Due to the volume of applications received, we are unable to provide information regarding the status of your application over the phone.  To check the status of your application, please log in to your account and click "Application Status."  If you are selected for an interview, you will be contacted by management.  If you are no longer under consideration, you will receive an email notification.  It is not necessary to contact the Human Resources Office to check the status of an application or possible interview.

If applicants earned a foreign degree, foreign degrees require an official evaluation for U.S. equivalency and must be submitted to Human Resources for verification. There are several organizations that perform this specialized service, feel free to use any service of your choosing. The National Association of Credential Evaluation Services (NACES) has several options on their website that can provide credential verification.

Minimum Education and Experience

Some state job postings say you can qualify by an “equivalent combination of education and experience.” If that language appears below, then you may qualify through EITHER years of education OR years of directly related experience, OR a combination of both. See the Education and Experience Equivalency Guide for details.

Licensed to practice law by the North Carolina State Bar and one year of professional legal experience.

Indicating Your North Carolina Law License On Your Application

• Navigate to the Certification section of the application.
• In the certification dropdown menu, select “Law License – North Carolina State Bar Association.”
• Locate the field labeled Certification Number and enter your North Carolina Bar Number.

EEO Statement

The State of North Carolina is an Equal Employment Opportunity Employer and dedicated to providing employees with a work environment free from all forms of unlawful employment discrimination, harassment, or retaliation. The state provides reasonable accommodation to employees and applicants with disabilities; known limitations related to pregnancy, childbirth, or related medical conditions; and for religious beliefs, observances, and practices.

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