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 a unemployment benefits base period?
Your base period is the time frame used to determine whether you are monetarily eligible to receive unemployment payments. It normally includes the first four of the last five completed calendar quarters.
What is a nonmonetary determination for unemployment benefits?
A determination of qualification for benefits based on any consideration that is not monetary is a nonmonetary determination. If you quit a job, get discharged, refuse referral to a job, refuse a job, refuse to enter DWS-approved training, or fail to complete DWS-approved training, you may be disqualified. You and/or your employer may appeal an unfavorable nonmonetary determination.
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 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.
What is Adjudication process of my unemployment insurance benefits claim?
See full answerAdjudication is an investigation in which the claimant, employer, and any other interested party may be contacted to obtain information about a specific issue on an individual’s claim. When information provided by the claimant or the employer indicates that the claimant's separation from employment was due to reasons other than lack of work, the claim must be referred for adjudication. Other issues that may require an investigation with the claimant and employer include the claimant’s receipt of vacation or separation pay. If the claimant raises a question regarding ability for work or availably for work, the claimant may need to be contacted for additional information.After obtaining the needed information, the Division of Employment Security issues a determination that either allows or denies benefits. A copy of this determination is mailed to all interested parties. Parties may also view the determination on their online account.
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.
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.
Unemployment Benefit Basics
Unemployment benefits provide temporary payments to eligible workers who lose their job through no fault of their own. These payments can help you with expenses while you look for employment. You must be able and available for work, and actively seeking work, to receive benefits.
Before you apply
Not everyone who applies for unemployment benefits will qualify. Certain conditions must be met in order to meet initial eligibility requirements and to remain eligible to receive benefits. Filing your claim will go faster if you have the following important information before you begin.
Filing your unemployment application
You must create an online account to file an application for unemployment insurance online. Your account also provides access to the Claimant Self-Service Portal, where you can get information about your claim at any time.
File your weekly certification
You must submit a Weekly Certification after each week for which you would like to receive benefits. The Weekly Certification is a series of questions that helps verify that you were able, available and looking for work that week.
Your Work Search Responsibilities
To receive unemployment insurance benefits, you must seek work with at least three potential employers each week and maintain a detailed and verifiable record of your work search. If you cannot prove you looked for work, you may be considered overpaid and required to repay benefits.
Report work and earnings
You can work and earn 20% of your weekly unemployment benefit amount without penalty. Earnings over this amount are deducted from your weekly benefits.
Find a job
As you begin your search for new employment, we have many resources available to help you.
What is a base period employer?
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 a nonmonetary determination?
A determination of qualification for benefits based on any consideration that is not monetary is a nonmonetary determination. If you quit a job, get discharged, refuse referral to a job, refuse a job, refuse to enter DWS-approved training, or fail to complete DWS-approved training, you may be disqualified.
What happens if an employer does not have a positive balance?
If an employer does not have a positive balance, it must pay DES an amount equal to the amount necessary to bring the employer’s negative balance to at least zero. After this happens, there are other restrictions with which the employer must comply:
How long can you file partial unemployment?
The period of partial unemployment for which the claim is filed may not exceed six consecutive weeks; and. The employer must also pay DES an amount equal to the full cost of unemployment benefits payable to the employee under the attached claim before the attached claim is filed.
What is a waiting period week?
Your waiting period week is the first eligible week for benefits under each claim filed. You must serve a waiting period week for each claim filed. You will never receive payment for this first week, but it must be claimed to be counted. It does not mean you should wait a week before filing a UI claim.
What is eligibility for unemployment?
Eligibility is determined weekly. Ineligibility is a postponement of benefits until you meet the weekly requirements.
What is the difference between ineligibility and disqualification?
Qualification involves being separated from work through no fault of your own. Disqualification is a loss of benefits. It is possible to be eligible and disqualified for benefits.
When do you have to provide employment documentation for PUA?
IMPORTANT: Federal guidelines require any claimants who have received PUA benefits on or after Dec. 27, 2021 to provide proof of prior employment or self-employment to receive benefits.
When will PUA pay back?
Claimants fail to submit acceptable documentation by the deadline in their notice from DES will not be eligible to continue receiving PUA benefits and may be required to pay back benefits received since Dec. 27, 2020. Learn more.
When is work search required for unemployment?
Under Executive Order 216 , all claimants of unemployment benefits will be required to fulfill work search requirements beginning June 6, 2021. The work search requirements apply to all claimants receiving state unemployment benefits, Pandemic Emergency Unemployment Compensation or Pandemic Unemployment ...
Can I get unemployment if I refuse a job offer?
Claimants who refuse a suitable offer of work are typically ineligible to receive unemployment benefits, unless it is determined that the claimant has good cause to refuse to return to work. Employers may report to the Division of Employment Security that an individual has refused an offer of work through the Refusal of Job Offer link on ...
How Do I Apply For Peuc
Sign into your online account at des.nc.gov and click on the Apply for Pandemic Emergency Unemployment Compensation link to apply. Federal guidelines require you to file a separate claim for PEUC to receive these benefits. You will not automatically receive PEUC when you exhaust regular state unemployment insurance benefits.
Is There A Supplemental Payment
The $600 weekly supplement was in effect for weeks ending April 4 through July 25. This program was reinstated at a lower $300 weekly rate beginning December 27, 2020, and has been extended until September 6, 2021.
Whats The Unemployment Situation In Nc
As of last week, about 240,000 people were getting unemployment benefits in North Carolina, the Associated Press reports. But itâs not clear how many of those were getting extra money each week through the federal program.
As An Employer What If The Claimant Is Not Claiming Benefits Against My Account
You should respond to all requests for information regarding a claim from DES. Neither claimants nor employers get to choose which employer is charged for a claim. This is determined by the Employment Security Law. All employment within a claimants base period and a claimants last employment before filing a claim are considered.
If Youve Recently Become Unemployed In North Carolina You May Have Options To File For Unemployment
If you need to apply for unemployment benefits in the Tarheel State, here are some things to know.
Unemployment Benefits Imposter Fraud
DES has detected a recent increase in suspected imposter fraud in the unemployment benefits system. Fraud safeguards put in place by DES flagged suspicious claims to prevent payments from being released.
What Are The Accepted Covid
You have been diagnosed with COVID-19 or are experiencing symptoms of COVID-19 and are seeking medical diagnosis member of your household has been diagnosed with COVID-19
Can I File A Claim If I Am Not A United States Citizen
If you are not a citizen or national of the United States, you must have legal authority to work in the U.S. You must present either:
What Are The Requirements To Qualify For Unemployment Benefits In North Carolina
To be eligible to receive payments you must meet the requirements as set forth by the DES. The state has three basic criteria.
Will The Bill Pass
The bill has wide support with Republican lawmakers in the General Assembly, who control both the state House and Senate.
How Are Benefits Calculated
The formula and method to calculate benefits are very state-specific. About half of the states use the highest quarter method in which the calendar quarter in which your earnings are the highest is taken into consideration.
Expanded Unemployment In North Carolina During The Covid
On March 11, 2021, President Biden signed into law a $1.9 trillion COVID-19 relief bill known as the American Rescue Plan .
How North Carolina Determines Benefit Amounts
Each state determines how much it will pay in unemployment benefits. Generally, the weekly benefit amount is some fraction or percentage of your earnings in the base period or your highest paid quarter of the base period.
North Carolina Unemployment Benefits And Eligibility
COVID-19 UPDATE: Because the coronavirus pandemic has left so many Americans jobless, the federal government has given states more flexibility in granting unemployment benefits.
