North Carolina Employment Security Commission is a ripoff. NC ESC penalizes you when you've done nothing wrong. When you are disqualified for unemployment, the disqualification is in effect for two years. Even if you are laid-off, through no fault of your own, you get no unemployment for two years.
If you quit a job for reasons of safety, unsafe equipment and conditions, and have the unmitigated audacity to file for unemployment, you will be punished, penalized for two years. Even if you do not commit fraud, do not lie, and do not misrepresent any facts, you are penalized just for filing a claim for unemployment. It is not true that there are some circumstances upon quitting, that you can file for unemployment. Not in North Carolina. Unless you hire an attorney for the hearing. Which, unfortunately, I did not.
A hearing is scheduled when you quit and file for unemployment. The hearing officer picks out one of your reasons for quitting and omits all other reasons. The hearing officer withholds evidence. Evidence being your testimony regarding unsafe equipment and securing that equipment. Even if you have DOT tickets stating the illegal, unsafe condition. Even if you have complained about equipment not working correctly and damage occurs from equipment failure and being insecure. Even if you get "What took you so long?", when you check out the place to be sure its safe. You are supposed to proceed without taking the time. Time is money.
The hearing officer states your only reason to quit is because the employer pressured you to get going. And that is not sufficient reason to quit and draw unemployment. But, you are then penalized for two years. The hearing officer asked if anyone died. Since no one died, all jobs have a degree of unsafe conditions anyways. NC hearing officers should apply for Guantanamo Bay.
If you get another job and that employer lets you go without cause on your part, you are still penalized in North Carolina for two years. On that other job, you must make 10 times the amount of the unemployment benefit. No, that amount does not apply, if you were not disqualified for not doing anything wrong.
Upon disqualification by North Carolina Employment Commission, you can legally file for unemployment in Virginia. That is if you were not disqualified for lying, misrepresentation, or fraud, you may file in Virginia.
But, Virginia cannot accept your claim if there is an open, active claim in North Carolina. Upon disqualification, North Carolina ESC, Raleigh, does not close your claim.
Alot of the details were never told. Originally, I was not going to file for unemployment because I had quit a job. But, the local NC ESC said that under certain circumstances, unemployment could be granted upon quitting a job. Only one way to find out. If I didn't get unemployment, so be it. I was looking for another job anyways. Upon denial, I was asked if I wanted to appeal. Being too trusting, I said yes to the appeal. If denied again, no problem. Or so I thought. When I did get another job and was let go, then I discovered, the hard way, that nothing now counts because of the two-year disqualification. And now keeping a disqualified, 2-year claim, open and active?
I have requested to Raleigh that my claim be withdrawn. Word is they will not do that. Why? So the insurance company does not have to pay? So taxes do not have to be used for unemployment? The disqualification closes any claim, so why keep it open and active? So I can't file in Virginia.
0 comments