Unemployment Appeals and Employment Law

Few people enjoy being in the midst of a contested unemployment claim, whether it be from the perspective of the employee or the employer. However, experienced legal counsel can help make this a less daunting proposition. As Assistant New Hanover County Attorney, I represented the local government in all of its unemployment appeals for seven years, and I am now in my 5th year with my own practice, assisting employees and employers with these cases. Whether you are an employee who feels you have wrongfully been denied benefits, or an employer who feels that a claim is not compensable, I have the experience to assist you with your unemployment appeal.

If I Am Denied Benefits, How Do I File An Appeal?

An appeal from an initial outcome is heard before an Appeals Referee or a Hearing Officer with the Employment Security Commission, either in person or by telephone. I assist most of my unemployment clients at this stage, and few cases, percentage-wise, are pursued beyond this level. However, the process may involve additional levels of decision making, including the state-level Employment Security Commission…which may remand the case back to the Appeal Referee for additional testimony and reconsideration of the prior decision. If 30 days have passed without the unsuccessful party filing for judicial review in Superior Court, the Commission decision becomes final. I am very familiar with all of these processes and can assist with any or all of them.

What Is Unemployment?

The United States unemployment program is a social service designed to provide a financial safety net for active job seekers who were laid off or dismissed from work. There are several rules and regulations which affect one's eligibility to collect unemployment and which vary by state. The North Carolina Employment Securities Commission is the organization which enforces, regulates, and determines the unemployment eligibility of individuals for our state.

When Can I Collect Unemployment?

The North Carolina unemployment regulations include the following guidelines:

  • You should have recently become completely unemployed. However, there are circumstances in which you can collect unemployment if your hours have been reduced to below a living wage.
  • The amount of work you have put in and the wages you have earned must, at minimum, be equal to or greater than the amount of unemployment tax you have paid in the last year and a half (18 months).
  • You must have not been fired from your job for any particular reason – that is to say, your loss of work should derive from situations beyond you or your former employer's control, such as an economically necessary staff reduction. If you have been fired for a cause, you should apply for unemployment regardless, as there are situations in which you can still receive benefits.
  • You are available for and physically capable of work. Disability may disqualify you from receiving unemployment in North Carolina, but you should still apply. An ineligibility to receive unemployment benefits due to disability is indicative that you should apply for disability benefits instead.
  • When you first file for unemployment, you are registered with the Workforce Development Center. You must check in weekly with reports on your job seeking to stay registered and to keep receiving benefits.
  • You must apply to at least two jobs every week to continue to receive unemployment benefits.

For more information, you can contact the North Carolina Employment Security Commission via phone at 1-877-841-9617 NC or by visiting their website here: North Carolina Unemployment - Employment Security Commission

585 20111207 Holt Moore Holt Moore's Experience and Excellence with Unemployment Appeals
602 Market Street Wilmington NC 28401
P:910.763.4500 | F:888-781-4511
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