Most unemployment appeals are filed by employers, many of whom are armed with experience and knowledge of the law that employees may not have. Some employers may even hire unemployment cost control companies to manage claims on their behalf. Companies such as NSN Employer Services and Talx UC eXpress scrutinize claims in search of reasons to appeal, file appeals, subpoena necessary documentation, and appear at hearings on employers’ behalf. Firms such as these not only have superior knowledge of the system, but also the manpower and resources to outmaneuver you in an appeal hearing if you are not prepared.
When you file for unemployment benefits in North Carolina, the Employment Security Commission of North Carolina sends a Form NCUI 500AB, Notice of Claim and Request for Separation Information, to your former employer to determine the reason that you became unemployed. If your former employer returns the form within 10 days, and if they report that your unemployment is due to any reason other than lack of work or your genuine inability to perform, then your claim may be denied. However, even if your claim is approved and you begin to receive benefits, your employer has the right to appeal the decision and request a hearing. If your employer wins the appeal hearing, you may be required to pay back any benefits you have received up to that point.
Employers have an enormous financial incentive to reduce the risk of unemployment costs, and many prepare themselves well for appeals. Your unemployment benefits, however, are your lifeline in an uncertain job market. You need to make sure you are just as prepared for your hearing, and that means understanding what constitutes an acceptable reason for leaving a job and gathering convincing evidence to make your case. This could include your employee handbook, performance evaluations, warning letters, emails, or witness testimonies.
An employment attorney can give you the resources and knowledge to even the scales in an appeals hearing. While you do not have to have representation at your hearing, if you choose not to, you may be proceeding at a serious disadvantage.
