The North Carolina Employment Security Commission (also known as the “NCESC”) is the source for all North Carolina residents to apply for and obtain unemployment benefits. Additionally, NCESC provides additional information on current labor market statistics, employment related news, and tools and resources to assist in finding new employment. Many individuals after losing their job or unsure of what to do next or what steps are taken order to obtain unemployment benefits in North Carolina. In this article we will answer some frequently asked questions regarding unemployment insurance benefits for North Carolina residents.
Qualifying For Benefits
Depending on who you are and what your welfare definition is, payments from NCESC are considered a form of welfare payment. In order to qualify for unemployment compensation in North Carolina you must have earned income during a period of time which is defined as the “Base Period.” The Base Period is typically defined as the last four quarters of the calendar year excluding the current quarter you are in. To receive benefits you must have earned a wage during two of the Base Period quarters. The exact dollar amount mature receive if you qualify for benefits and the number of weeks you’re entitled to receive your benefits checks are based upon a formula which takes into account the amount of money you earned your prior employment and how long you worked with your prior employer. Employees at the NCESC will not be able to tell you the exact dollar amount of benefits you will be entitled to receive it until you have applied and have had your application approved.
In addition to the Base Period qualification requirement unemployment compensation applicants must actively seek for new employment during the time that they are receiving unemployment insurance. This means that disabled individuals cannot qualify for unemployment benefit payments. Additionally, you will not qualify for benefits if your actions resulted in you losing your former job.
Appealing a Denied Application
If your UI claims are denied by the NCESC reviewer you need to be prepared to handle unemployment benefit denial appeals. The first appellate level is heard before and Appeals Referee, who hears all the facts and evidence regarding your unemployment compensation claim and determines if your denial of benefits was proper. If you are unsatisfied with the Appeals Referee’s decision, you may go to the second appellate level where the Employment Security Commission will hear your case. A decision by either the Appeals Referee or the Employment Security Commission will become final within 30 days unless you appeal their decision. Ultimately, if you continue to appeal your case you’ll appear before a judge in Superior Court.
Additionally, if you feel you’re being mistreated or that your rights have been denied you may also file complaints with the United States Department of Labor. Because a portion of the unemployment insurance benefits the state of North Carolina pays individuals comes from the federal government the state must comply with certain federal laws rules and regulations, including the Civil Rights Act of 1964. You can contact the Department of Labor by writing to them at the following address:
Directorate of Civil Rights
200 Constitution Avenue
Washington, D.C. 20210