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David G. Schiller, Attorney at Law

Raleigh Litigation Lawyer

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  • Employment Law
    • Discrimination
    • Equal Pay
    • ERISA
    • FMLA
    • Non-competition Agreements
    • REDA
    • Retaliation
    • Retirement Benefits
    • Sexual Harassment
    • Social Security Disability
    • State Employees
    • Unemployment Benefits
    • Unpaid Wages
    • Whistleblower
    • Workers’ Compensation
    • Wrongful Discharge
  • Litigation
    • Class Actions
    • Deceptive Trade Practices
    • Defective Products
    • False Claims Act
    • Personal Injury
  • Family Law
    • Absolute Divorce
    • Alimony
    • Family Law Appeals
    • Child Custody
    • Child Support
    • Domestic Violence
    • Mediation
    • Name Changes
    • Post Separation Support
    • Premarital Agreements
    • Property Division
    • Separation Agreements
    • Alienation of Affections
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Unemployment Benefits

David G. Schiller represents North Carolina employees in a wide range of employment law cases — including unemployment benefits.

Mr. Schiller provides statewide representation for employment law cases. You may call our office at (919) 789-4677 to discuss your employment law issue.

Employment Security Commission

An employee who has been discharged from employment can seek unemployment benefits by applying with the North Carolina Division of Employment Security (the DES).

The DES is also a good source of job leads.

Eligibility for Unemployment Benefits

An unemployed individual is eligible for unemployment insurance benefits if he or she

1. is physically able to work;
2. is actively looking for work each week; and
3. has no restrictions which would keep him or her from accepting suitable work.

There are three main ways that an individual may be disqualified for benefits:

1. If the individual leaves work “without good cause attributable to the employer” the individual will be disqualified for unemployment benefits.

2. If the employee is terminated for “misconduct” the individual will be disqualified for unemployment benefits.

Leaving Work

If the employee leaves work, the burden of showing “good cause attributable to the employer” rests on the employee.

“Good cause attributable to the employer” can include a number of actions by the employer, such as a unilateral and permanent reduction in pay of more than 15%.

Employees who are contemplating resigning should seek legal counsel before making the decision.

Misconduct

Misconduct is: “conduct evincing such willful or wanton disregard of an employer’s interest as is found in deliberate violations or disregard of standards of behavior which the employer has the right to expect of his employee, or in carelessness or negligence of such degree or recurrence as to manifest equal culpability, wrongful intent or evil design, or to show an intentional and substantial disregard of the employer’s interests or of the employee’s duties and obligations to his employer.”

Misconduct includes but is not limited to: reporting to work significantly impaired by alcohol or illegal drugs; consuming alcohol or illegal drugs on employer’s premises; conviction by a court of competent jurisdiction for manufacturing, selling, or distribution of a controlled substance while in the employ of said employer.

Contact Us • Statewide Representation

You may call our office at (919) 789-4677 to discuss your employment law issue.

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Employment Law

  • Discrimination
  • Equal Pay
  • Employee Retirement Income Security Act (ERISA)
  • Family and Medical Leave Act
  • Non-competition Agreements
  • REDA
  • Retaliation
  • Retirement Benefits
  • Sexual Harassment
  • Social Security Disability
  • State Employees
  • Unemployment Benefits
  • Unpaid Wages
  • Whistleblower
  • Workers' Compensation
  • Wrongful Discharge
  • North Carolina Employment Security Act

Litigation

  • Class Actions
  • Deceptive Trade Practices
  • Defective Products
  • Personal Injury
  • False Claims Act

Family Law

  • Absolute Divorce
  • Alimony
  • Family Law Appeals
  • Child Custody
  • Child Support
  • Domestic Violence
  • Mediation
  • Name Changes
  • Post Separation Support
  • Premarital Agreements
  • Property Division
  • Separation Agreements
  • Alienation of Affections

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Our Office

Our office is conveniently located in downtown Raleigh across from the Governor’s Mansion, with parking available on the street and in the lot behind the building.

304 East Jones Street
Raleigh, NC 27601

Contact Us

We invite you to contact us by telephone, (919) 789-4677, to discuss your needs and learn more about how we might be able to help you. We also have contact forms for family law, general employment law, and State employees.
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Attorney David G. Schiller is licensed to practice law in North Carolina. Attorney Schiller provides the information on these pages as a public service. Information contained in these pages is not intended as, and should not be taken as, legal advice. The use of the information provided in these pages should not be taken as establishing any contractual or other form of attorney-client relationship between Attorney Schiller and the reader or user of this information. Every case that the firm describes on this website was based on its unique facts. These results do not predict outcome in future cases.

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