In the past year and a half, many changes have been made to North Carolina unemployment law, making it more difficult to receive unemployment benefits if you resign from your job. Adding to the confusion, the “old” law wasn’t removed from the NC Legislature / Division of Employment Security’s (DES) website for quite some time after changes to the law were made. This caused a number of claimants to think they were qualified for unemployment benefits under the law when they were not.
Prior to June 30, 2013, you could resign from your job for various reasons and still receive unemployment benefits. After June 30, 2013, the law only gives four acceptable reasons you can quit your job and still be qualified for benefits. The new law drastically changed the way unemployment benefit claims are decided and has significantly cut down the number of people that are eligible for benefits.
Under the new law you may resign from your job and still be eligible for unemployment benefits if your spouse is in the military and relocates, if you are a victim of domestic violence, if your work hours are reduced by more than fifty percent (50%) or if your rate of pay is reduced by more than fifteen percent (15%). It is important to note that if you leave your job for any one of these reasons there are certain conditions that must be met. If they are, the award of benefits to the claimant is still dependent on many other factors which may have to be argued vociferously to influence the Appeals Referee.
The Division recently cut off access to tools that attorneys would use to alert claimants about the fact that attorneys are allowed to participate and do so regularly. Retaining an attorney to represent you in your unemployment hearing can increase your chances of receiving unemployment benefits, especially if you have a complicated resignation case, because your legal argument will be presented in a clear, concise manner. The attorneys in this office tell their clients that we can hold your hand through a straightforward case, but it is the more complex, difficult cases where we are of most use. At Hopler, Wilms& Hanna, PLLC, our attorneys are very experienced in handling these types of claims and will give your case the attention it deserves. Contact our office today.
