I am attorney David G. Schiller. I represent North Carolina employees in a wide range of employment law cases — including unemployment benefits, over-payment issues, and petitions for waiver of over-payments.
I provide statewide representation for employment law cases.
You may call me at (919) 789-4677 to discuss your employment law issue.
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 before the Appeals Referee. They have never attended an unemployment hearing, they are unsure what the law is, how to present the case, and how to deal with a hostile employer.
I discuss the case with the client 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 law of unemployment, the unemployment hearing process, and how to present the client’s case as clearly and as favorably as possible.
Division of Employment Security (formerly the “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.
The Chapter 96 of the North Carolina General Statutes contains the law on unemployment benefits in North Carolina. Chapter 24 of the North Carolina Administrative Code provides additional rules and regulations.
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 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.
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 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.