Former employees who have been denied unemployment benefits can request an unemployment denial appeal in North Carolina. Residents can file an appeal for denied unemployment coverage through the Division of Employment Security (DES). If your appeal is granted, you will receive all the unemployment benefits you are entitled to. Unemployment applicants who have been denied aid must submit an appeal by the deadline stated on the initial determination letter they received from the DES. Residents who have been denied unemployment benefits in NC can file two different levels of appeals. If an initial appeal is denied, you may file a second-level appeal in an effort to receive denied unemployment benefits. Former employees may have had unemployment compensation benefits denied for several different reasons, based on the qualifications set by the DES. If North Carolina residents have been subject to wrongful termination, the DES may change its original decision for denial.
To learn about possible reasons for denied unemployment benefits and the steps to submit an unemployment denial appeal in NC, review the following sections:
- Reasons you may have your unemployment benefits denied in North Carolina
- How to File a first-level unemployment denial appeal in North Carolina
- How to File a second-level appeal for denied unemployment assistance in North Carolina
Reasons You May Have Your Unemployment Benefits Denied in North Carolina
In the event that you have had your unemployment compensation benefits denied in NC, you will receive a letter of determination stating the specific reasons for the decision. Former employees must meet the specific qualifications for unemployment that are set by the DES in order to receive unemployment insurance within the state. Denied unemployment benefits may be the result of various different factors. First of all, NC residents must be out of work through no fault of their own and must be physically able and willing to work at any given time in order to receive unemployment benefits.
On the other hand, generally, residents may be denied unemployment benefits due to any of the following reasons:
- Not earning the required wages prior to filing a claim
- Quitting your job without good reason
- Being discharged from your job for misconduct or criminal charges
- Not being physically able or willing to work
- Failing to meet the weekly requirements in order to receive continued unemployment benefits
North Carolina residents can file an unemployment denial appeal for any reason they believe is just. For instance, if you are unemployed due to wrongful termination and you believe you were unjustly denied unemployment, then you may submit the necessary evidence to prove your case in an appeal hearing.
How to File a First-Level Unemployment Denial Appeal in North Carolina
Former workers have the right to file an unemployment denial appeal at the first level in order to dispute a case of denied unemployment benefits. If the DES has granted you unemployment aid but you believe you are entitled to more, you can file an unemployment denial appeal to request more coverage. Instructions and deadlines to file an appeal in NC will be clearly stated in the initial letter of determination you receive from the DES. If you fail to send an appeal by the deadline, you will not be able to dispute the decision made by the DES. Former employees must submit appeals in writing by briefly explaining why they feel they should receive unemployment coverage. Claimants must include their Social Security Number, the docket number of determination, their signature and the date on their appeal letter. If you are an employer filing an appeal, you must also include your business name and the title of the person filing an appeal on your behalf. Workers who are unemployed can submit an unemployment denial appeal by mail, by fax, online, or in person at a local DES office.
How to File a Second-Level Appeal for Denied Unemployment Assistance in North Carolina
If you are wondering, “What can I do if unemployment denied my first appeal?” the NC DES provides an option to submit a second-level appeal. After an initial appeal hearing with the North Carolina Appeals Section, you will receive a written decision stating whether your appeal has been granted or not. If you lose your appeal with the Appeals Section, you can file a level-two appeal within 10 days of receiving the decision letter. A second-level appeal will grant you a hearing with the Board of Review. During a hearing with the Board of Review, claimants will not be able to present additional evidence supporting their case. Once the Board of Review has reviewed your second appeal disputing the denied unemployment benefits, its members will issue a written decision, which is referred to as a Higher Authority Decision. If you disagree with the decision the board has made, you may file a follow-up appeal with the North Carolina Superior Court.