For business owners who have elected to terminate an employee, and that employee files for unemployment, there is often some concern about the impact on their business if unemployment benefits are charged to the company account with the Division of Employment Security (formerly the Employment Security Commission). If you have received an appeal from the employee or wish to appeal a decision regarding unemployment, it often makes sense to have counsel for the appeal hearing. The Division of Employment Security (formerly the Employment Security Commission) follows strict procedural rules for making determinations regarding unemployment benefits for ex-employees.
The purpose of the unemployment statute is to provide protection for individuals who are unemployed through no fault of their own. As a result, if an employee was terminated because of misconduct (which usually involves intent or gross negligence) or because of substantial fault, the employee will be disqualified from benefits and the impact on the employer’s account with the Division of Employment Security will be minimal, if any.
It is also possible for an employee to be entitled to unemployment benefits even if they quit the position; the former employee will have to show that the resignation was for good cause attributable to the employer.
Some common disputes in unemployment appeals hearing where the firm may be able to assist your business include:
1) Where the employee quit because of stated health reasons or because of sexual harrassment
2) Failure to compensate for alleged overtime worked
3) Employee vs. Independent Contractor status.
4) Where an employee leaves after being offered a continued position at a substantial pay cut.
5) Where an employee leaves due to reduction in hours or a difficult commute
6) An employee lying to a supervisor or deliberately attempting to deceive them.
7) Chronic tardiness and absenteeism by the worker.
8) Ultimatums involving either performing a task or being fired.
9) Falsification of resume or employment applications
Unemployment appeals are typically scheduled for a telephone hearing but frequently one party will request a hearing. For Wake County, unemployment appeals, these hearings usually take place at the Division of Employment Security office in Cary. The firm can also assist with, if necessary, subpoenaing witnesses for the unemployment benefits hearing.
Representation for Small Business Unemployment Benefits
If you are an employer requiring assistance in dealing with an unemployment benefits dispute, contact the Raleigh business litigation firm of Maginnis Howard at (919) 526-0450 or submit a new case inquiry here. Maginnis Howard is a Raleigh civil litigation firm with business attorneys handling disputes in Cary, Apex, Morrisville, Wake Forest and throughout the rest of Wake County and the Triangle.