Click each link below to access the court documents file in Vincoli v State (Roy Cooper's and Josh Stein's ongoing battle to keep Joe Vincoli from having a hearing to determine why he was reclassified by Governor McCrory as 'managerial exempt' (even though he managed no people and no program) and to determine whether or not he was fired because he tried to report information related to overpayments made by the State Health Plan to a hospital in North Carolina).

As stated by NC State Senator Joyce Krawiec:  

“I believe that what happened to him was terribly wrong,” she said.

“We are always encouraging people to do the right thing, and ‘when you see something, say something.’ I want to make sure that when brave citizens speak out against errors, fraud, injustice, etc., they are protected from retaliation.

“A citizen should never be punished for doing the right thing.”

Sadly, in North Carolina it appears that the State punishes citizens when they report issues that involve hospitals.  As I told Modern Healthcare, 'the reality in North Carolina is that the State and the hospitals are the same entity.'



Vincoli's initial request for a hearing in OAH filed in January of 2014.

ALJ May's ruling that Vincoli does not have a right to a contested case hearing because the General Assembly took that right away from all 'career status' state employees.

Vincoli's allegation that he was fired in retaliation for reporting information related to overpayments made by the State Health Plan to NC Baptist Hospital.

Vincoli's Declaratory Judgment filing arguing that the stripping of earned due process rights is unconstitutional.

Wake Superior Court Judge Stephens' ruling that law is unconstitutional.

NC Court of Appeals ruling that career status employees have a right to a hearing.

Vincoli's Second Request for a hearing in OAH based on Vincoli v State.

Josh Stein's move to block Vincoli from having hearing.

ALJ Ward's agreement with Stein to deny Vincoli due process citing res judicata.