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We have previously discussed the basic process for receiving Unemployment Benefits in North Carolina and How to File Your Appeal. Today, let’s talk about what the actual hearing will be like.

There are two types of Employment Security Commission Appeals in North Carolina. The ESC will either schedule your appeal as a telephone appeal or an in person appeal. These two hearings are exactly what they sound like: one takes place over the telephone and one takes place in person. There are various advantages and disadvantages to each type of appeal and your attorney should be able to explain the reasons why each type of appeal might be desirable.

In the Wilmington area, I often advise my clients to request an in person appeal. You may do this at the time you file your notice with the ESC that you are unhappy with their denial of your benefits.

Telephone Appeals

Telephone appeals are schedule with one of the many appeals referees or hearing officers in the state. You will receive a notice containing the time and date of the hearing and given a chance to provide a telephone number at which the ESC official may call you. If you have consulted with and retained an attorney, he or she will provide notice to the ESC of the representation and a telephone contact number for the hearing. All testimony is sworn or affirmed.

In Person Appeals

In person hearings occur at one of the several local ESC offices in the state where an appeals referee of hearing officer is located. Typically, these hearing take place in the office of the ESC official. Most offices are small to moderate in size and contain the ESC official’s desk and a number of chairs for the claimant, employer, witnesses and attorney seating. All testimony is sworn or affirmed.

The Hearing

ESC hearings are always recorded. Whether in person or via telephone, your hearing officer or appeals referee will notify you that he or she is going on the record and begin recording your hearing. He will then ask each whether the claimant (employee) was fired or terminated. Based upon the answers from the employer and employee, the hearing officer will determine who will testify first. From there, the hearing proceeds in much the same manner as nay other legal hearing. Each side will give direct testimony and then the other side will have a chance to cross examine the person testifying. Finally, the hearing officer will give each side a few minutes for a closing statement. Do not be surprised if the hearing officer interrupts one or both side to ask his own questions even if your attorney is present. Once the hearing concludes, the hearing officer will tell you that you will receive his official determination in 7 to 14 days.

Contact the Nettleman Law Firm today to get help in handling your ESC appeal.

One Response

  • LynnApril 04, 2012 at 2:38 PM 

    I was fired for ptsd outburst. They claimed that i cursed at fellow employee over phone. I did not do this however i did make a derogatory comment about a meatslicer. This was nothing more than she does on a daily basis. I have ptsd and very occasionally i have anxiety attacks. I have informed them and asked for accomodation and have received none. I needed nothing more than occasional walk away time to decompress. At the time of the firing i had informed them that va was changing my medication so that were aware. I had been there 4 years and recently they started ddwnsizing. They are down to 2 techs from 5x

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