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 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.
Will I have to repay unemployment benefits if an appeal is not in my favor?
In some cases, yes. For claims filed June 30, 2013 and after, claimants are subject to repayment of benefits received from any administrative or judicial decision that is later reversed on appeal.
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.
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 evidence should I provide during the unemployment benefit hearing?
See full answerThe best evidence is testimony from a person who was present at an event and can answer specific questions about what happened. Hearsay evidence may support a finding of fact if it meets the statutory requirements set forth in N.C. Gen. Stat. 8C, Article 8. If the hearsay evidence does not meet the statutory requirements, then the evidence may qualify as an exception under the hearsay rules found in N.C. Gen. Stat. 8C, Rules 803 and 804. If the testimony is based on a video or audio recording, the recording should be offered into evidence during the hearing.To have documents or electronic recordings considered, mail, fax, or deliver a copy of each to the appeals referee and each party, before the hearing date. Do this even if you previously submitted the evidence to DES. Only the documents and recordings in the hearing file will be considered, unless the right to view them is waived.
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.
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.
Can my request for a subpoena for unemployment benefits be denied?
Yes. Your subpoena request may be denied for several reasons including that the request is itself objectionable or unreasonable, evidence requested is not relevant to the issues in your case, or there is insufficient information in the request to determine exactly what documents or evidence is needed for the hearing.