Unemployment Claims

North Carolina Unemployment Claims Lawyers

Filing for unemployment involves contacting the North Carolina's Employment Security Commission (ESC). Depending on how long an employee was employed and how much he or she was paid, unemployment benefits typically range from $41 to $476 a week. In order to qualify, an employee must be unemployed through no fault of his or her own and have worked for two of the first four quarters of the last five calendar quarters. Additionally, someone out of work must be actively engaged in seeking new employment. Employers are responsible for a paying a portion of an employee's unemployment. In order to determine if an employee is eligible to receive unemployment, the ESC contacts employers to determine why an employee lost his or her job. While layoffs are usually straightforward, disputes often arise when there is disagreement over whether an employee was fired, forced to resign, or suffered some sort of retaliation.

At Crawford & Crawford, our attorneys review our client's case in order to determine if the decision of the ESC is justified given the circumstances surrounding an employee leaving a job. We leverage our client's position by providing documentation that supports your side of the case. To schedule a consultation to learn how we can help you, contact unemployment claims lawyers at Crawford & Crawford today.

Willful Misconduct and Unemployment Claims

In general, dismissed employees are eligible for unemployment benefits except in cases involving willful misconduct that leads to their being fired. What constitutes "willful misconduct," however, can be contentious. Typically, unemployment claims cases involve one of the following scenarios:

• There is a discrepancy between the stated reason why an employee was dismissed and the actual reason. Here, an employer may also be liable for wrongful termination
• An employer changes the reason why an employee was fired between the time of the initial unemployment benefits application and an employee's appeals hearing
• An employer opposes a dismissed worker's application for unemployment even though the reason why he or she was fired supports the award of unemployment benefits

Unemployment Claims Hearings and Referees

If a former employee is denied unemployment benefits, he or she can appeal the decision. A hearing will be scheduled before a Referee to determine whether or not a former employee should receive benefits. Evidence may be presented that suggests discrimination or retaliation was involved in the decision to fire the employee. Employers are especially vulnerable to allegations of wrongful termination and may find themselves facing civil litigation and an investigation by the Equal Employment Opportunity Commission (EEOC).

If you have questions about unemployment claims or the appeals process, contact employment law attorneys at Crawford & Crawford today to schedule a consultation today.