Deputy Division Counsel

Description of Work:

This position reports to the Division Counsel who is the primary legal counsel for the Division of Employment Security. The position requires a comprehensive and considerable knowledge of the laws and principles governing employment security, unemployment insurance, confidentiality and data security, unemployment tax, bankruptcy, and labor/personnel law. The position works on a number of sensitive and complex matters and must operate within the framework of confidentiality associated with the business of the office. Work includes reviewing, negotiating, and drafting contracts for data sharing and security with State, federal, and local entities. The position works on procurement matters and public records request responses for the Division. This position is often tasked with providing assistance to other divisions within the Department of Commerce, including the Labor and Economic Analysis Division and the Division of Workforce Solutions on issues that affect the Department of Commerce and the three Divisions pertaining to confidentiality and data security of unemployment insurance information.

This position supervises and trains temporary and time limited Agency Legal Consultants with the working title of Appeals Attorneys.  Appeals Attorneys are hired to assist with the work of the Board of Review which is charged with issuing higher authority decisions in unemployment insurance cases that become Division decisions. This position trains new attorneys to perform the work for the Board in both claims matters and tax matters handled by the Board. The position performs a significant leadership role over all attorneys in the Section of the work performed for the Division and provides oversight to the Legal Services staff when the Division Counsel is unavailable. This position independently provides counsel and handles all legal matters for the Division in areas of legal specialization. Work involves providing counsel and rendering legal opinions in the area of specialization which is characterized by complex statutes and regulations, absence of defined precedent, and constitutional issues. The position functions independently with minimal technical supervision from the Division Counsel and performs other related duties as required and directed by the Division Counsel.

The 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, and fraud/overpayments in unemployment insurance cases.  The position assists with the work of the Board of Review charged with issuing higher authority decisions that become Division decisions. The position is responsible for litigating proceedings in State, Federal, Administrative, and Bankruptcy Court and is assigned the more complex and novel cases. Duties include analyzing and determining the merits of a case, developing case strategy, researching points of law for preparation of legal documents and oral arguments, and leading the litigation before federal, state, and administrative systems.

The work is performed independently, and the incumbent has the discretion to prepare opinions on rules and operations of the agency and answer inquiries from the public on legal issues, respond to advisory opinion requests subject to the approval of the Division Counsel. The position also serves as the Division's rulemaking coordinator and carries out all rulemaking duties in accordance with N.C. Gen. Stat. Ch. 150B.

Qualified applicants must submit an application that clearly reflects work experience that demonstrates the following:

• Considerable knowledge of case, statutory, regulatory, and common law.
• Considerable knowledge of judicial and quasi-judicial procedures.
• Previous experience conducting complex civil or criminal litigation in trial and/or appellate courts.
• Experience interpreting and applying laws, constitutional provisions, statutes, administrative regulations, and court decisions.
• Experience analyzing facts, evidence, and legal instruments.
• Experience expressing conclusions and arguments clearly and logically in oral and written form.
• Experience analyzing legal problems and rendering formal opinions.

Applicant must meet both the Minimum Education and Experience Requirements and all posted Knowledge, Skills and Abilities / Competencies requirements to be considered Qualified for the position.

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 oshr.nc.gov/experience-guide for detail. 

• Licensed to practice law by the North Carolina State Bar and three years of progressively responsible professional legal experience. 

For consideration for this vacancy, all applicants must complete an on-line application using this link, http://www.oshr.nc.gov/jobs/index.html.  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 the consideration.  Applications for positions requiring specific coursework must be accompanied by a copy of the applicant's transcript.
   
 ***INCLUDE ALL RELEVANT EDUCATION, WORK EXPERIENCE IN THE DESIGNATED EDUCATION AND WORK HISTORY SECTION ON THE FORMAL APPLICATION***
 
Applications with "see attached" or resumes in lieu of completed education and work experience on the formal application will be deemed incomplete and will not be eligible for consideration for the vacancy.
   
Applicants requesting and receiving an accommodation under the Americans with Disabilities Act (ADA) are eligible to submit paper applications via mail or by fax.
   
Applicants seeking Veteran's Preference must attach a DD form 214, Certificate of Release or Discharge from Active Duty, along with your application.
 
Applicants seeking National Guard Preference must attach a NGB 23A (RPAS) if you are a current member of the NC National Guard in good standing.  If you are a former member of the NC National Guard who served for at least 6 years and was discharged under honorable conditions, you must attach either a DD256 or NGB 22.

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.
 
If you have student loans, becoming a state employee includes eligibility for the Public Service Loan Forgiveness Program. Visit www.studentaid.gov to learn more.

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).
 
Applicants may check the status of their application for a vacancy at any time by logging in to the government jobs system using the above link.  Once the applicant has logged in, the status of each submitted application is documented next to each vacancy for which he/she has applied.
 
Please note:  This position is subject to a National and International Background Investigation and/or Fingerprinting as required by applicable law.
     
For technical issues with your application, please call the NeoGov Help Line at 1-855-524-5627.
     
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. Processing applications will take an average of 6 – 8 weeks due to the high volume of applications received. It is not necessary to contact the Human Resources Office to check the status of an application. 

Melissa Link
Lead Recruitment & Salary Administration Technician
Division of Employment Security
North Carolina Department of Commerce
984-236-5968  Office
919-733-0774  Fax