I represent North Carolinians in a wide range of employment law cases — including unemployment benefits and over-payment issues.
I provide statewide representation for employment law cases.
You may call me at (919) 789-4677 to discuss your employment law issue or complete the contact form at the bottom of this page.
How I Handle Unemployment Claims — Hearings before the Appeals Referee
Most potential clients contact me when they have appealed the Adjudicator’s Determination and are waiting to have a hearing with the Appeals Referee.
In that situation, I have a telephone call with the employee to determine that the employee has a reasonable chance of success. I do not charge a fee to review unemployment benefits cases.
I typically charge a $500 flat fee to represent clients at the Appeals Referee hearing.
If I am hired to represent the client at the Appeals Referee hearing, I have a longer conversation with the client to discuss the case and review all of the pertinent documents. I prepare the client for the hearing, and I represent the client at the hearing. I am very familiar with the unemployment laws, the unemployment hearing process, and how to present the client’s case as clearly and as favorably as possible.
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 two 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 (i.e. Quitting/Resigning)
If the employee leaves work, the employee bears the burden of showing “good cause attributable to the employer.” In other words, the employee has to prove that s/he quit because the employer did something significant that made it difficult for the employee to continue working for the employer.
“Good cause attributable to the employer” can include a number of actions by the employer, such a unilateral and permanent reduction in work hours of more than 50% or a unilateral and permanent reduction in pay of more than 15%. However, benefits may not be awarded if the reduction is temporary or was due to the employee’s behavior.
“Good cause attributable to the employer” has been found in cases in which
1. the employee suffered sexual harassment or racial discrimination,
2. the employer told the employee she would be fired if she did not resign, and
3. the employer instructed the employee to do something that would violate her professional code of conduct.
Misconduct
The statute defining “misconduct” says it 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.
G.S. § 96-14.6(b)
In other words, for the employee to commit misconduct, s/he had to have done something substantially wrong.
The statute includes a non-exclusive list of examples that presumed to be misconduct, which include reporting to work impaired by alcohol or illegal drugs, stealing from the employer, being insubordinate, violating the attendance policy, and failing to perform the job duties with at least 3 written reprimands in the last 12 months.
G.S. § 96-14.6(c)(1)-(11)
Contact Attorney Schiller • Statewide Representation
You may call my office at (919) 789-4677 to discuss your employment law issue or if you prefer, complete a contact form.