What wages can be used to establish a claim for unemployment benefits?
Any wages used to establish eligibility for UI benefits must be earned in employment that is covered by the Employment Security Law. This means that the employer must be subject to UI tax. Employers who are liable under the Employment Security Law are required to post a Certificate of Coverage and Notice to Workers (Form NCUI 524) in their place of business.
What is an alternative unemployment benefits base period?
If you lack enough base period wages, DES may use an alternative base period to determine whether you are eligible for UI benefits. The alternative base period consists of the last four completed calendar quarters immediately before the first day of your benefit year.
Can I file for unemployment benefits again if I lose my job?
If you lose your job again, you may file for unemployment benefits by telephone or at the DES website.
What is an attached claim for unemployment benefits?
An attached claim is a claim filed by an employer on behalf of an employee who has been temporarily laid off or who has worked less than 60% of the customary scheduled full-time hours for the employee.
Who is a base period employer for unemployment benefits?
Your base period employer is any covered employer (employer subject to UI tax) who reported wages for you during the base period of your claim. All base period employers are potentially responsible for a proportional share of charges based on the percentage of benefits reported for you during your base period.
What is an Eligibility Review for interstate unemployment claimants?
The Eligibility Review is designed to accelerate the claimant’s return to work and systematically review your efforts toward the same goal. The questions asked are designed to explore the continuing relationship between you and the labor market.
What is the deadline for filing an unemployment benefits appeal of a determination?
The determination will tell you the deadline for filing your appeal. The date listed in the document that you are appealing is controlling. If the last day of the appeal period falls on a weekend or a legal state holiday, the appeal period is automatically extended to the next working day. If your appeal is not filed by the required deadline, it may be denied.
Do I need a lawyer to file a petition for judicial review of my unemployment claim in North Carolina?
Claimants can generally represent themselves in court. Corporations must be represented in court by a licensed attorney. Representation in court must comply with North Carolina General Statutes Chapter 84 and the North Carolina State Bar Rules. You may consult an attorney for legal advice.
Who can file an appeal for unemployment benefits?
Any claimant or employer who receives an unfavorable determination or ruling may appeal and request a hearing. Only an interested party can file a valid appeal. For example, in a typical separation case (e.g., a quit or a discharge) the interested parties are the last employer and the claimant who filed a claim for UI benefits.
What does it mean when my claim for unemployment benefits is 'pending' adjudication?
Unresolved issues on a claim may be pending an adjudication decision for the following reasons:The claim is awaiting a 10-day response from the employer as required by law for any unresolved separation from employment or separation pay issue.A weekly certification has not been filed by the claimant.The Division is awaiting additional information from either the employer or the claimant in order to process a determination.
What happens if I disagree with the determination letter sent to me about my unemployment claim?
You may file an appeal. Instructions on how to appeal are included in the determination letter.
What should I say in my petition for judicial review of my unemployment claim?
The law requires that you explicitly state your specific exceptions (disagreements) to the Board of Review’s decision or procedure in your petition. You must also state the relief that you seek (what it is that you want the court to do for you). You may consult an attorney for legal advice.