Who should I bring to the unemployment benefits hearing?

Witnesses with personal knowledge about the events and information relating to your case are the best witnesses. A witness who can only testify about what others (who are not at the hearing) told him or her, usually presents what is called hearsay evidence. Although hearsay evidence is admissible in certain circumstances, it usually cannot be the sole basis for findings of fact.

How can I arrange witnesses for unemployment benefits hearing?

See full answerContact and ask the witness to testify. The best witness is one who was present and has personal knowledge of the facts. A witness who was present at an event is much better than one who was told about it by someone else. If possible, each party and their witnesses should be at the same location for the hearing. If a witness cannot be at the same location and must be contacted at a different telephone number, provide the witness’s name and telephone number to the Appeals Referee or hearing official whose name and telephone number appear on the Notice of Hearing. Instruct the witness to be available at the scheduled hearing time and to remain available until dismissed by the Appeals Referee or hearing official. The Appeals Referee or hearing official cannot call your witnesses before or after the hearing.

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 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.

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 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.

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.

Where can I find a lawyer for my unemployment benefits appeal?

Legal aid organization attorneys, such as Legal Aid of North Carolina, may be able to help you. The State Bar of North Carolina provides resources to help you find an attorney.

What happens at an unemployment benefits appeals hearing?

An appeals hearing is a quasi-judicial, administrative hearing where interested parties to the appeal can present testimony and evidence. The official conducting the hearing will give the parties instructions on how to participate.

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 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.

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 an appeal in the context of unemployment benefits?

An appeal is a written statement contesting or challenging a determination, decision or opinion issued by an adjudicator, Appeals Referee, or the Board of Review. You do not need to use any special form in order to file an appeal, but the content of the appeal and the way you file the appeal may be different depending on the type of determination or decision you are appealing. See the text of the determination or decision itself for specific information on how to file an appeal and the deadline for doing so.

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