The economic relief efforts surrounding COIVID-19 have left many terminated and furloughed employees feeling anxious and confused. We’re here to help. After listening to this episode you’ll know the ins and outs of Unemployment Benefits in North Carolina during the COVID-19 pandemic. In this episode of The Walking Papers, Van Kampen Law attorney Lana Tigri discusses eligibility requirements for unemployment benefits, what can disqualify an applicant, how the appeal process works, and frequently asked questions regarding COVID-19 and unemployment benefits.
When it comes to eligibility requirements for Unemployment Benefits the employee must be unemployed due to no fault of their own, and they must have earned sufficient wages to establish a claim. (02:54)
The passing of the CARES Act in North Carolina has modified certain statutory requirements, for example: excluding the provision that required a recipient to be actively seeking work if they were unemployed due to COVID-19. Also, the benefit amount you’re eligible to receive has expanded from previously established limits. (03:32) If you’re either an independent contractor or are self-employed, you are also eligible to receive what’s called Pandemic Unemployment Assistance.
We’ve discussed eligibility, but what conditions could make you ineligible? Lana stresses: “if you've only been working at your job for a short period of time and as a result, you're not able to establish…sufficient earnings, then you're not going to be eligible for benefits. Another thing that happens a lot of times is individuals are laid off for what their employers deem misconduct or poor performance.” (06:11)
Employers have a financial incentive to avoid paying Unemployment Benefits claims, therefore it’s common for an employer to claim an employee was terminated for “poor performance” when in fact, the employee has no negative performance record or disciplinary history. In such cases, Tigri tells us an individual has the option to appeal a decision denying benefits. However, it’s important that this process be completed correctly, so Lana recommends speaking with an unemployment attorney prior to submitting your appeal.
“You really need to be clear and concise when you're stating a reason that you think you're entitled. It's going to need to be for legal reasons, such as, "I had no negative performance evaluations despite my employer claiming that I was fired for performance. I was terminated only days after I reported concerns about the lack of safety equipment that's being provided at my job…You need to put forth some evidence to show that you weren't, in fact, terminated because of poor performance or misconduct or something that's going to disqualify you for receiving those benefits.” (9:25)
Other common questions clients have include, “what if I refuse to go back to work because of COVID-19 and health-related concerns?” Unfortunately, the answer is maybe; the Division of Employment Security will consider factors including age and health conditions. “Must I pay taxes on Unemployment Benefits?” Yes, benefits are treated as wages, so they will be taxed accordingly.
Do you have questions regarding Unemployment Benefitso? Contact the attorneys at Van Kampen Law at 704-247-3245 or contact us online by filling out our confidential online intake form.
The Walking Papers is a bi-weekly podcast by Van Kampen Law, a plaintiff-side employment law firm based out of Charlotte, NC, This podcast aims to give listeners, who are on the wrong side of some sort of situation at work, practical advice on how to turn the tables on their employers. This podcast is just an educational resource. It does not constitute legal advice and is no substitute for consulting an employment attorney about your unique situation before making legal decisions. Visit our website for more online resources and videos at NCemploymentattorneys.com, or better yet, call (704)247-3245 for a free initial intake interview so Van Kampen Law can evaluate your case.
