- NC Voluntary Election For Withholding Of Individual Income Tax
- North Carolina Unemployment Rates
- QUALIFYING FOR UNEMPLOYMENT IN THE STATE OF NORTH CAROLINA
- NC Unemployment Law: Unemployment Eligibility and Reason for Separation
- North Carolina: Must I Declare Part-Time Income While Receiving Benefits?
- North Carolina Unemployment: Pension Funds and Unemployment Benefits
- North Carolina Unemployment Rules: UI Benefits and Pensions
- How to Claim Unemployment Benefits in North Carolina
- When the State of North Carolina Accepts Your Unemployment Claim When Can You Start Receiving Your Benefits?
Learn how to prepare for an appeal if your employer accuses you of willful misconduct.
One of the main factors that determine if you are eligible for unemployment benefits is the reason you were laid of from work. North Carolina Employment Security Commission will not grant benefits to unemployed workers who lost their job due to misconduct. However, the question is what constitutes misconduct? What your employer and you consider misconduct may be two very different things.
To illustrate, let us look at the situation of Louis Appleton (name has been changed). She was sacked for missing her employers deadline three times. She claims these expectations changed repeatedly after she was employed and that these were unrealistic and that she worked 70 to 80 hour weeks to try and meet her deadlines.
When Louis filed for unemployment benefits with the NC ESC (North Carolina Employment Security Commission) she was denied coverage due to the reason of her termination.
Does she have grounds for an appeal?
Yes. Although her employer has every right to terminate her contact if he explained to her that missing her deadlines would lead to termination and gave her three warnings, this does not mean Louis showed willful misconduct.
In order for an employer to claim an employee does not qualify for unemployment (remember your employer pays a portion of your employment benefits) the company must prove willful misconduct.
To prove willful misconduct your employer will need to demonstrate you understood your job was on the line and did not perform as expected purposely. Just not meeting a deadline does not qualify for willful misconduct, if you did the best you could. Going back to Louis’ example, working 70 to 80 hours a week does indicate a worker is trying her best. However, if your employer proves you failing to do as asked after being warned up several times may, the NC ESC may consider your situation willful misconduct.
If you appeal to a decision of the NC ESC on these or similar grounds you should take with you documents and witnesses that can support your claims. Pay slips, memos, witness statements from fellow employers and managers can all help to show the Emloyment Security Commission you tried your best to keep your job and qualify for unemployment benefits.
Having said that, it is the employer that must prove you willfully did not fulfill the requirements of your job. However, understanding the principle the ESC will base its decision on will help you reply to the claims of your employer.
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