When you’ve been fired or laid off, you may (incorrectly) assume that you’re entitled to unemployment benefits. You’re shocked when the claim you submit to the Employment Security Commission is denied. How can that be? Your former employer has the right to block your benefits if you were fired with cause — if, for example, you ignored multiple performance warnings. Timing is everything when trying to obtain unemployment benefits. Generally you should file for benefits within the first week after any severance pay, vacation pay and/or separation pay are exhausted. BUT, if you have an active or pending workers’ comp claim when you are terminated, then see the blog below on that subject. That could change everything! Remember, if you want to file for unemployment benefits, you must be able to work and be available for work.
If you have filed for unemployment and have been denied, you have only 15 days to appeal the decision! That’s not a lot of time. If you’d like the help of an experienced attorney, you need to call us as soon as you can. We’ll try our best to stop the battle and get your unemployment compensation rolling along — or perhaps find a compromise with your former employer that will get you at least a partial benefit, depending on the circumstances. You can find further information about filing for unemployment benefits on the NC Employment Security Commission’s website.
This article was written by Todd P. Oxner