In re Burris
Cases that cite this one
10 later published cases cite this decision.
- City of Asheville v. Aly (N.C. Ct. App. 2014)
- Rose v. LAKE NORMAN PEDIATRICS, PA (N.C. Ct. App. 2004)
- Dalton v. Camp (N.C. Ct. App. 2000)
- Dalton v. Camp (N.C. Ct. App. 1999)
- Young v. McKelvey (S.C. 1985)
- Long v. Vertical Technologies, Inc. (N.C. Ct. App. 1994)
- PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC. V STEIN (District Court, M.D. North Carolina 2020)
- Sunbelt Rentals, Inc. v. Head & Engquist Equipment, L.L.C. (North Carolina Business Court 2003)
- Berry v. Goodyear Tire & Rubber Co. (S.C. 1978)
- Jones v. District Parking Management Co. (D.C. 1970)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
Petitioner’s assignments of error do not call into question the findings of fact made by the Civil Service Commission or the evidence on which they are based. This appeal presents only the question whether the facts found support Judge Clarkson’s conclusions of law. Merrell v. Jenkins, 242 N.C. 636, 89 S.E. 2d 242.
*795 The findings of fact unequivocally disclose that petitioner knowingly and deliberately — and at an expenditure of considerable time and effort — brought about a conflict of interest between himself and his employer.
“Manifestly, when a servant becomes engaged in a business which necessarily renders him a competitor and rival of his master, no matter how much or how little time and attention he devotes to it, he has an interest against his duty. It would be monstrous to hold that the master is bound to retain the servant in his employment after he has thus voluntarily put himself in an attitude hostile to his master’s interests.” Dieringer v. Meyer, 42 Wis. 311, 313, 24 Am. Rep. 415, 416.
Where an employee deliberately acquires an interest adverse to his employer, he is disloyal, and his discharge is justified. 3 Am. Jur. 2d, Agency § 48 (1962).
The judgment of the court below is
•Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.