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David G. Schiller, Attorney at Law

Raleigh Employment Law and Litigation Attorney

  • 304 E. Jones St., Raleigh, NC 27601
  • 919-789-4677
  • 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
  • Contact
    • Contact Form – Employment
    • Contact Form – State Employees
  • Bio

Unemployment Benefits

I am attorney David G. Schiller, and I represent North Carolina employees in a wide range of employment law cases — including unemployment benefits. I regularly represent employees who are seeking unemployment benefits with the Division of Employment Security (aka “DES”). I am currently accepting new clients who are trying to obtain unemployment benefits. I am also taking clients with 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.

My biography is here.

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.

Primary Sidebar

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

The Office

The 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

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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  • 304 E. Jones St., Raleigh, NC 27601
  • 919-789-4677
  • Employment Law
  • Litigation
  • Contact
  • Bio