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Employee quits and then says he was fired North Carolina

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  • Employee quits and then says he was fired North Carolina

    My brother has/had one employee (J) in his small business. Last week, J demanded a raise and then quit when he didn't get the amount he wanted. J is now sending my brother e-mails regarding being fired and stating that he disagrees with my brother's decision to fire him. Again, J quit but has now apparently either changed his mind or realized he can't get unemployment after quitting.

    My brother has no written proof that J quit, but has already interviewed other people and found a replacement. He does not want J back after what happened as J wasn't a great employee before and certainly wouldn't be now.

    Will J be able to get unmployment by lying? Will my brother have to get an attorney to help him deny the claim? Will his coverage rates go up if J wins unemployment?

    Thank you for any help you can provide.

  • #2
    The "state" makes the decision if J will get UI benefits or not after a review of all information. Your brother can contest payment. He doesn't need a lawyer. The decision will come down to who the state believes the most. We don't know what the state will decide.
    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.


    • #3
      My advice is to tell your brother to document everything he can immediately. Document every memory of what has happened as well as the emails. I wouldn't engage with "J" just let things happen as they will.

      When and if the time comes that "J" files for UI, your brother will need to depend on the memories he documented now, he'll also need to be as 100% tell him if he loses the UI claim, appeal, if he loses the appeal...appeal that!
      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.


      • #4
        When an employee quits and I dont immediately get a letter of resignation, I always immediately send a letter saying that we accept your resignation. Its not fool proof but tends to show that we are considering it a resignation.
        I find that the harder I work, the more luck I seem to have.
        Thomas Jefferson


        • #5
          I do the same as Morgana.