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Unemployment claim hearing North Carolina

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  • Unemployment claim hearing North Carolina

    I was fired from my job and am getting unemployment. My employer had appealed saying I quit. This is going to be a he says she says because no one was in the room. They had me scheduled for a phone hearing and my employer requested a in-person. I am really nervous because I don't like this kind of thing. Any pointers? He did fire me saying "We need to part ways"
    I said "Are you letting me go?" He said "yes"

  • #2
    Then just say that. Be calm. Don't bring up anything other than the reason you were given. If a question is asked, take a second and think about the answer. Don't volunteer any information; only answer the questions asked by the hearing officer.

    You'll be fine.
    Last edited by Pattymd; 08-10-2009, 04:26 AM.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      Thanks for your quick reply. I do have a couple of questions.
      Can I say that I would prefer a phone hearing , they requested a in-person...who wins?

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      • #4
        Seems to me the state would prefer phone, but I don't have personal experience dealing with hearings in your state, so I really don't know. Sorry.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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        • #5
          I believe if any of the parties request an in-person interview unless there is circumstances beyond your control to appear it will be an in-person hearing. It's been awhile since I was in NC but I do remember having to appear once because it was requested by the other party.

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          • #6
            Thanks, I would like to tell you a little about my case. I had some issues with another employee and his mother. Son in commission sales just like myself and mom General Manager. Mother would always give sales to son and we had to work for ours. So...I go to the owner regarding this and he is very receptive and invites to to return to his office anytime. Nothing changes and I go back and we have another talk and again very receptive. About 1 week later his Operations Mgr. calls me in his office and ask me whats wrong that I seem unhappy, I explained that I have already talked to the owner about this
            and continue to explain to him. He ask me if I would like to take a few days off and he would talk to the owner and they would try to work somethin out.
            I did take the time and returned to work only for the owner to tell me that "we needed to part ways" nothing there was going to change! So, I ask him if he was letting me go and he said yes. So I left and filed for unemployment which I did win.
            Now they have appealed saying that I was put on disciplinary leave for 1 week and at the meeting I said that I could go to work somewhere else so I quit. This is not true at all...First I never knew that I was put on disciplinary leave that was never mentioned until now! And I did not quit! No one was in either of these meetings except the 2 of us. Any Suggestions? I am really nervous because I can't prove and neither can he.

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            • #7
              The employer is the one protesting, so the employer is the one who has to "prove" to the hearing officer's satisfaction that you quit. Honestly, though, it's a toss-up, IMHO. Saying "I could go to work somewhere else" could very well have been interpreted as "I WILL go to work somewhere else, now", whether that was your intention or not.
              I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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              • #8
                Originally posted by Pattymd View Post
                The employer is the one protesting, so the employer is the one who has to "prove" to the hearing officer's satisfaction that you quit. Honestly, though, it's a toss-up, IMHO. Saying "I could go to work somewhere else" could very well have been interpreted as "I WILL go to work somewhere else, now", whether that was your intention or not.
                I take it that she never said she could work someplace else but that the employer told the fact finder in the initial hearing those words.

                Just remember to stay calm and answer the questions and tell the truth and you should be fine.

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                • #9
                  I took it the same way as Rangeman. She didn't say that - employer said she did.

                  OP - just stay calm & answer the questions truthfully as the other responders suggested.
                  Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                  Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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                  • #10
                    All of the other sales people would never speak up for fear of losing their job but I could not take all of the unfairness so I did! Now no one from there will talk to me or be a witness becausethey will lose there job also.
                    I do believe he has a witness and I can not figure why because it was the 2 of us behind closed doors.
                    Who will have to speak first in the hearing myself or employer?
                    Thanks for all of the input I just can't believe he is doing this.

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                    • #11
                      Originally posted by snafkins View Post
                      Who will have to speak first in the hearing myself or employer?
                      From what I've read online, the party requesting the appeal speaks first. IANAL and this may not be correct for your case. Best of luck.

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