Unemployment Benefits in Charlotte, NC – What Are Your Rights?

North Carolina Unemployment Compensation benefits offer individuals temporary relief provided they fulfill the eligibility requirements under North Carolina law.

 

Eligibility for Unemployment Benefits in Charlotte, North Carolina

To receive unemployment benefits in Charlotte, you have to have earned enough money from your employer that is covered by the North Carolina unemployment insurance law. Typically, wages are looked at over a 12-month period before you file your claim. What’s more, you are required to register with NCWorks, must be unemployed via no fault of your own, able and ready to work, and a U.S. citizen or legally authorized to work in the country. Let’s look at these eligibility requirements in more detail.

  1. Able and Ready to Work

When you file your initial claim, you must be both mentally and physically able to work and available to accept an employment offer.

  1. Unemployed Via No Fault of Your Own

Your decisions or actions must not be the cause of your leave from work. Any action that results in your dismissal or even a decision to quit with no good cause may see you being denied benefits.

  1. Legally Authorized to Work in the U.S.

To be eligible for benefits, you must be a U.S. citizen or able to prove that you are authorized to work here.

The Base Period and Wage Earning Requirements

Your wages will be viewed over a period of months before you file your claim and this known as the base period. The base period covers the either the last five or the first four quarters before you filed your claim. Your wages must meet the following conditions to qualify:

  • You earn six times the average weekly wage in two quarters of the base period
  • In a week of the last quarter of the base period, you must have made a minimum of $780

How to Apply for Benefits

If you live in Charlotte, you can apply for unemployment benefits either telephonically or online. Before starting the application process, ensure that:

  • You have the name and address of the last employer you worked for
  • You have written notification of the termination, severance, or layoff
  • You are ready to show and prove that your dismissal or quitting was not your fault
  • You have the dates of your most recent employment

Unemployment Benefits and Part-Time Work

Charlotte North Carolina Unemployment Benefits Lawyer
If you are needing legal assistance regarding employment benefits, contact Remington and Dixon for a free consultation.

You are allowed to work part-time and receive benefits. When your base period wages are examined, your high quarter wages will be used to figure out an earning allowance and you will then receive that figure on your wage statement. If you earn more than this allowance, the state deducts from your WBA on a dollar-for-dollar basis. You will get to keep the wages you have earned, but your benefit payment may be reduced.

Why Would Your Unemployment Benefits Be Denied?

If you fail to meet the wage requirements, your claim could be denied and you are likely not to receive unemployment benefits. Even so, you may meet the wage requirement and be denied benefits anyway due to issues related to your separation from your job.

What Are Separation Issues?

If your decisions or actions result in your separation from work, you could be denied benefits. Also, if you quit your job with no good cause, the state could deny you benefits. For instance, if you want to return to studying full-time and quit because of this, this is a good cause, but not once that is connected to work and is considered a personal reason.

You can also be denied benefits if you have been discharged from your job due to misconduct, or any action that shows disregard for your employer’s interests.

You May Still Be Eligible If You Quit

If your employer failed to do something or did something that forced you to quit your job, such as forcing you to work in hazardous conditions, you could be eligible for unemployment benefits in Charlotte, even though you made the decision to quit.

You May Be Fired and Still Receive Benefits

You may still be entitled to benefits even if your actions were the result of your dismissal and the action is not considered misconduct.

Maintaining Eligibility for Unemployment Benefits

Benefit recipients need to maintain eligibility status during the period that they receive benefits, particularly things like actively looking for work and being available to work. To keep tabs on this, the state requires that you certify your claim every week. If you choose to certify telephonically each week, you will be allocated for certain days to do so. For instance, if your SSN ends in an even number, you must call on a Tuesday, but if it ends in an odd number, you will have to call on a Monday. The sooner you call, the sooner you receive your benefits.

When you do certify, you will receive a number of questions that are aimed at determining if you have maintained your eligibility all week. You will be asked:

  • If you are able and ready to work
  • If you have refused any offers of suitable employment
  • If you have started or resigned from a job
  • If you are actively looking for a job
  • If you have earned an income that you must report

If you have earned any wages that week, you must report them when you certify your eligibility. You only have to report the wages during the week that you earned them and not during the week that you received them.

What Happens if You Are Denied Unemployment Benefits?

If you are denied benefits, you can appeal the determination. You will receive a Notice of Determination regarding the denial and the notice will let you know how long you have to file an appeal in writing.

Is there an Unemployment Lawyer Near Me?

If you have been denied benefits or your employer is fighting an award of benefits, talk to a knowledgeable unemployment lawyer in Charlotte at Remington & Dixon who will help fight for your case.

FAQs

Are consultations free?

While we offer a free consultation on traffic matters, criminal matters, and most professional license defense cases, we charge a fee for family law consultations to personalize our consultations to your specific needs. To learn about our fee structure, please get in touch.

Where can I get legal advice?

We recommend meeting with an attorney. While there is free legal help available for North Carolina residents from pro bono resources for civil matters, and public defenders for criminal cases, the best way to access tailored advice is to hire a lawyer.

Can I hire you if I’m in another state?

This is done on a case by case basis if you are involved in a family law, criminal, or professional disciplinary matter that involves another jurisdiction.

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