Six Things You Should Know about Claims for Unemployment Benefits in North Carolina
By: W. Chad Winebarger
Charlotte, North Carolina Unemployment Benefits Claims Attorney
The Bollinger Law Firm, PC
If you worked in North Carolina and were terminated, laid off or resigned from your job and are pursuing unemployment benefits, below are six things that may help you in your claim:
- In order to be eligible for unemployment benefits, you must be able and available to work. You must also actively seek work and report your efforts to the North Carolina Employment Security Commission (Commission).
- If you leave work solely due to a reduction in hours that is more than twenty percent (20%) of the usually scheduled full-time hours in your particular work field, then you may be entitled to unemployment benefits. The reduction must be permanent and not caused through some fault of your own.
- If you leave work solely due to a reduction in your rate of pay by more than fifteen percent (15%) then you may be entitled to unemployment benefits. Again, the reduction must be permanent and not caused through some fault of your own.
- If you stop working due to a health condition or disability that affects you or certain members of your family you may be entitled to unemployment benefits. You must provide your employer with reasonable notice of the condition or disability and provide the Commission with evidence of the condition or disability to justify stopping your job. You must also show the Commission that the condition or disability prevented you from performing certain other jobs with your employer.
- If you were terminated from your job due to misconduct, you will not be entitled to unemployment benefits. Examples of misconduct include reporting to work impaired by drugs or alcohol or behavior that shows intentional and substantial disregard for your employer’s interest.
- If you were terminated from your job for “substantial fault” connected with your work, which does not rise to the level of misconduct, you may be entitled to unemployment benefits for a reduced number of weeks. Substantial fault includes violations of reasonable job requirements. Substantial fault does not include minor rules infractions, unless you were repeatedly warned of the infraction/s, inadvertent mistakes and inability to perform certain work due to lack of skill or ability.
The above statements should not be construed as advice for a specific situation. You should consult an attorney regarding your specific situation.