Burley v. U.S. Foods, Inc.Annotate this Case
Plaintiff, a resident of Georgia, entered into an employment contract with Employer. Plaintiff was in South Carolina when he signed the offer letter. Plaintiff later transferred to Employer's Charlotte, North Carolina division, but Plaintiff never had a route that involved any deliveries in North Carolina during his employment with Employer. After Plaintiff received a work-related injury, Plaintiff began receiving disability and medical compensation according to Georgia law. Plaintiff later filed a claim for benefits with the North Carolina Industrial Commission. The Commission concluded that it did not have subject matter jurisdiction over Plaintiff’s claim. The Court of Appeals reversed, concluding that Plaintiff’s transfer to Employer’s Charlotte division involved a modification of Plaintiff’s employment contract, and that the modification was a proper basis to find the contract was “made” within North Carolina for purposes of establishing the Commission’s jurisdiction. The Supreme Court reversed, holding that N.C. Gen. Stat. 97-36, which authorizes compensation pursuant to North Carolina law if an individual’s employment contract was “made” in North Carolina, does not apply to a contract initially made in another state and subsequently modified in North Carolina.