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NC Unemployment Hearing North Carolina

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  • NC Unemployment Hearing North Carolina

    I was fired from my job and rewarded unemployment. My employer appealed the claim and we went for another hearing. My attorney and the adjudicator had some VERY harsh words to each other and needless to say I lost the appeal. I have appealed this and am now getting a new hearing (remanded).
    I am not using my attorney now, since I feel that she lost this for me.(When she yelled at the adjudicator!)
    So...I am on my own. They are saying that I quit, which I did NOT. The owner and the other employees that he brought as witnesses lied during the hearing. ( They are afraid of losing their jobs...which they should be because he will fire them!)
    At the time that he fired me He said "We need to part Ways" three times, I asked "Are you letting me go?" He said "yes". I left.
    HE IS SAYING NOW THAT I QUIT!
    I have no witness because they all still work there and fear for their job.
    When I was fired NO One was in the room. (Only me and the owner)

    If this does not go in my favor will I have to back pay the money that they had awarded?

    I have been reading this forum and have not read where someone has had to pay them back.

  • #2
    Typically yes, you do have to pay the wages back.
    I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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    • #3
      What Happens if you don't have the money?

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      • #4
        Then you've got a problem.

        You can apply for a waiver but it's anyone's guess if it will be approved.
        The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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        • #5
          Pay back benefits

          Has anyone in this forum had to pay back unemployment benefits? If so please explain.

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          • #6
            snafkins, I'm going to add this question to your prior thread of earlier today.
            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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            • #7
              I would plan on working out a payment arrangement with the State agency, otherwise I would expect them to go after tax refunds and other forms of income.

              In Arizona, benefits are simply not paid until all appeals and hearings are completed.
              Not everything in America is actionable in a court of law. Please remember that attorneys are in business for profit, and they get paid regardless of whether or not you win or lose.

              I offer my knowledge and experience at no charge, I admit that I am NOT infallible, I am wrong sometimes, hopefully another responder will correct me if that is the case with the answer above, regardless, it is your responsibility to verify any and all information provided.

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              • #8
                nc remanded hearing

                I have a remanded hearing That I had appealed. The employer went first last hearing, who will speak first this hearing?

                Also I am going without an attorney this time since the last time my attorney and the adjudicator got into an argument.

                Will they allow me to have closing statements like they did my attorney?

                Any thing I need to know going unrepresented?

                Heariing is tomorrow.wish me luck!

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                • #9
                  NC Hearing Tomorrow

                  My hearing is tomorrow....I won unemployment ...they appealed...they won...I appealed...we now have a REMANDED HEARING ( different adjucator)
                  Who will have to testify first? Employer or myself? Trying to prepare!

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                  • #10
                    You, I think, since you are the complaining party in this particular hearing. But the hearing is tomorrow, isn't it a little late to be starting preparations?

                    There is absolutely NO way we could even begin to help you without knowing the circumstances of your termination and why the determination was reversed on appeal.
                    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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                    • #11
                      snafkins, I'm going to add your question & Patty's answer to your original thread.
                      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.

                      Comment


                      • #12
                        Had NC Hearing

                        Ok, I had my hearing and did not win! Which I plan to appeal again. If you have read previous post I was fired and did not quit. My employer is saying I quit which is NOT true. ( He doesn't want his rate to increase)

                        I received my finding of facts yesterday.
                        On the finding of facts as the Issue was: Whether the claimant left work without good cause attributable to the employer.

                        All of the facts are stating that I quit and never mentioned that my employer fired me, which is why I keep appealing. I was Fired And Did not quit.

                        My Question is: Shouldn't the issue be "Whether the claiment was discharged for misconduct or substantial fault connected with work?" G.S. 96-14 (2) or (2A) or both?

                        These hearings seem to be one sided and for the employer! I don't understand.

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                        • #13
                          Sounds like an evidence problem on your end, as in, a lack of credible evidence to support your position. You simply cannot prove that you were fired.

                          Arguing that the other side is lying seldom works in real life court without some other evidence that they are in fact lying.
                          Bob Bollinger, Attorney
                          Board Certified Specialist in NC Workers' Compensation Law
                          Charlotte, NC

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                          • #14
                            Actually, most employers will tell you that unemployment is definately stacked toward employees. Employees say its all stacked toward the employers.

                            One of my good friends worked for the UI. She said neither was the case. They went by the evidence. She said it was slightly more likely that employees won since often if there is a tie, they will often give UI to the employee.
                            I find that the harder I work, the more luck I seem to have.
                            Thomas Jefferson

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                            • #15
                              Well you don't get to appeal again, but you can file a petition for judicial review in Superior Court, but unless you can show that the hearing officer failed to consider evidence or didn't apply the law correctly per the statutes, then you will be out of luck.
                              Somedays you're the windshield and somedays you're the bug.

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