ExpertLaw.com Forums

When Do You Qualfiy for Unemployment in North Carolina

Printable View

  • 06-06-2013, 09:11 PM
    Smsbean
    When Do You Qualfiy for Unemployment in North Carolina
    My question involves unemployment benefits for the state of: North Carolina

    I would truly appreciate your input on a basis question. In a nutshell, I am an RN and have worked for the same company since 7/09 in a 40 hour salaried position. During my employment I have had some attendance issues mainly from pregnancy, childbirth, and the subsequent illness and passing of my infant son. For the past year, the majority of my absences have been covered under intermittent FMLA related to PTSD, grief, anxiety, and depression. I was out of work for 5 days recently to care for my other child during an illness. I was then out for 3 additional days under FMLA for my own condition. I returned to work today and was called and told my hours were being cut effective 6/3/13 to 20 per week. I will lose my eligibility for health and other benefits as of 6/30/13. Is this a scenario where I should attempt a claim while I look for another full time position?

    Thank you for your feedback.
  • 06-06-2013, 09:20 PM
    chyvan
    Re: Eligible for North Carolina Unemployment
    Partial UI is a rip off in most cases, and almost assuredly when you're working 20 hrs/week. However, in NC a reduction in hours of 20% or more is hardcoded into the law as a good cause quit provided it's not temporary or you did something pretty bad to bring it on yourself. You're also in luck that it is before July 1 because you might get a much higher benefit than the $350 that is the new max benefit.

    http://www.ncleg.net/EnactedLegislat.../GS_96-14.html
  • 06-07-2013, 09:19 AM
    Smsbean
    Re: Eligible for North Carolina Unemployment
    Thank you for responding. I didn't quit, I was dumbfounded and didn't really say anything. Should I file a claim for partial UI? I am so confused and scared.

    Thanks again.
  • 06-07-2013, 09:25 AM
    chyvan
    Re: Eligible for North Carolina Unemployment
    At 20 hours/week you might not get partial UI because most UI benefits are about 50% of your current pay, and your hours have been cut 50%. You'll be working 20 hours for the same amount of money you'd get by staying at home.

    What I'm saying is that you have a really good shot at getting UI by quitting because your hours were cut 50%. You just have to find out of this is a temporary cut or permanent because if it's only temporary the "good cause" in the law would be negated.

    You can go here http://www.ncesc1.com/individual/Est...nefitsMain.asp and be able to determine if by continuing to work, it'll be like working for free.
  • 06-07-2013, 09:29 AM
    Smsbean
    Re: Eligible for North Carolina Unemployment
    Thanks again. I was given the hour cut info by phone and also told they were doing this to help me out. They have hired another nurse to do my job, and we did not need another full time nurse so I would expect this is a permanent reduction.
  • 06-07-2013, 09:42 AM
    chyvan
    Re: Eligible for North Carolina Unemployment
    In UI, you can't speculate. You have to ask if this is permanent or temporary from someone at your employer that has the authority to make the determination, and pressure them to give you a firm answer. Also, it wouldn't hurt or may even be required by case law to tell them you don't want to go part-time and give them the opportunity to fix things.
All times are GMT -7. The time now is 03:14 AM.
Powered by vBulletin® Version 4.2.4
Copyright © 2023 vBulletin Solutions, Inc. All rights reserved.
Copyright © 2004 - 2018 ExpertLaw.com, All Rights Reserved