A common misconception about unemployment benefits is that employees who are fired cannot receive benefits. However, in North Carolina, an employer who terminates an employee must be able to prove that the termination was the result of misconduct connected to the employee’s work. Misconduct in this context, however, is not always clearly defined.
The Division of Employment Security
When you file a claim for unemployment benefits, the Division of Employment Security (DES) will notify you with their decision regarding your eligibility for benefits. If your claim is denied, you have the right to appeal. You must give written notice that you disagree with the decision and wish to have your case decided through the appeals process. The employer also has this same right of appeal should the DES find in your favor.
The Appeals Process
When appealing a DES decision, the first step is a telephone hearing. This is typically the point in which Harman Law, PLLC gets involved, as you and your employer both have the opportunity to present testimony, witnesses and documents relevant to the case. After the initial hearing, the Appeals Referee will mail his or her decision regarding the appeal. If you disagree with the Referee’s decision, further appeals are available.
Effective Legal Guidance for Successful Outcomes
Harman Law, PLLC can help guide you through the unemployment benefits journey, including legal representation during the appeals process. To ensure you are receiving the most successful outcomes possible, it is in your best interest to seek legal representation from an employment attorney as early as possible in the process.