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Unempoyment denied ?! Need answers. North Carolina

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  • Unempoyment denied ?! Need answers. North Carolina

    I worked all of 2005-2006 for the same employer well we shut down end of january '07 and I apply for U.E. and get denied stating my benefit year was not established. I contact the N.C. employment commison via online where I applied and they say to file a wage protest so I gather several pay stubs and take them to my local U.E. office and file.

    My questions are these how long does this process(wage protest) take before I know if I will recieve benefits ? What if my former employer did not pay the state taxes he witheld from his employees,,does that render me with no chance to collect even though I have several paystubs showing that the taxes were witheld from my paychecks all year ?

    I still have'nt recieved my W-2 either.

    What gives ?

  • #2
    The "benefit year" refers to the period of time that they consider wages for. In most states, it starts counting from the end of the last fully-completed calendar quarter, then back four quarters from the beginning of that quarter. So, for a claim filed in January 2007, the wages to be considered would have been the fourth quarter of 2005 through the third quarter of 2006.

    Now, it sounds like the employer did not file the required quarterly wage reports, which is a violation of the UI tax laws; maybe didn't pay the taxes, either, which are totally employer-paid in your state.

    If he didn't deposit the state income tax withheld from your check, that would be a violation of the state income tax laws, but it is not relevant to your unemployment claim.

    Since they will have to contact the employer, and maybe actually make a visit to the site, I wouldn't expect to hear anything for several weeks, unfortunately.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.


    • #3
      Yeah that's just it,,,there is no "site" to visit any more. Nor jobs grrrrr,,,,,,,,,,,


      • #4
        There has to be a site!

        You did business at a particular location, right? That is the site. Establishing the non existance of the company.
        What is veiwed is not always what is seen and
        what is heard is not always what is spoken!
        ~M. Noitall~


        • #5
          Originally posted by rcpilot View Post
          You did business at a particular location, right? That is the site. Establishing the non existance of the company.
          The people I worked for are no longer in that building.


          • #6
            Man this waiting is killing me,,,,,grr.


            • #7

              Okay today I got a letter establishing my claim my question is this I have been filing my weekly certification since this happened maybe 5-6 weeks. Will I recieve all those at once because when I goto the website and check my claim profile it says "Benefits Paid To Date" which looks like the amount of my before mentioned filing.

              When will I actually get my benefits ?

              Thanks in advance U guys are awesome.


              • #8
                We really would have no idea. If there is an amount in "Benefits Paid to Date" and you have not received UI benefits in the last year, then the check(s) may have been issued and you just haven't received them yet. Give the UI agency a call.
                I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.


                • #9
                  Nc Esc

                  Points of fact about the NC ESC and this situation as I took found my wages were not being reported.

                  1. Everything is online at
                  2. All NC residents should occasionally check on line for themselves to see what they have in terms of amount and coverage period. All it takes is registering and using your last name and social security number.
                  3. I supplied my W2 for 2006 and a copy of my last pay statement per NC ESC web page to initate my claim.
                  4. NC ESC writes letter to employer after you provide items mentioned asking for verification of wages by employer and gives employer 10 days and AT THE SAME TIME sets up your claim and W2 wages in the system for your claim.
                  5. NC ESC writes second letter after 10 days and no response.
                  6. NC ESC weekly filing can be done anytime on Sunday for previous weeks job search and pays the next day or Monday electronically or automatic deposit.
                  7. NC ESC has no enforcement policy for companies not filing the quarterly NC ESC 101 other than writing letters asking for it - only when critical mass reaches a point of enough claims against an employer will NC ESC then refer the matter to the NC Dept of Justice (NC Attorney General office).
                  8. I got my first check for unemployment before the company responded.


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