Atwater Law PLLC
400 West Main Street
Suite 612
Durham, NC 27701

North Carolina Unemployment Lawyers

Helping Claimants Obtain the Unemployment Benefits They Rightly Deserve

What You Need to Know About Your Unemployment Hearing

Before the Hearing

The appeals hearing is similar to a court proceeding and it is conducted by an Appeals Referee who will serve the role of a judge. Just like any other court proceeding, you need to make sure that you are prepared before the hearing takes place as this hearing will most likely be your only chance to testify and present evidence. If you have any evidence in the form of documents or recordings, you need to make sure that you send a copy to the Appeals Referee and to your former employer at a reasonable time before the start of your Hearing. If we are representing you, we will of course submit all evidence on your behalf. In addition, if your telephone number has changed, you need to make sure that you provide your new telephone number to the Appeals Referee or let us know so that we can provide your new contact information to the Appeals Referee on your behalf. If you don’t have an attorney, you can fill out the Telephone Hearing Questionnaire, which was mailed to you by the ESC, and send it to the address provided on the Telephone Hearing Questionnaire.

At the Hearing

The Appeals Referee will call you, your attorney (if you have one), your former employer and their witnesses, the employer’s attorney (if they have one), and you will all be on a telephone conference together. The Appeals Referee will then take a few minutes to give you instructions for the hearing and will then place you under oath. Once all witnesses are placed under oath, the Appeals Referee will hear and review each side’s evidence and sworn testimony. Your former employer or their attorney will have an opportunity to cross examine you and object to any evidence you may have. Likewise, you or your attorney will have the opportunity to cross examine them and object to their evidence.  Once all testimony is concluded, each side will have an opportunity to make a closing argument.

 

After the Hearing

Following the hearing, the Appeals Referee will issue a Decision based solely on the competent evidence in the record. The Appeals Referee will draft a Decision and will mail a copy to you or your attorney. The decision will have the Appeals Referee’s fact findings, and it will also discuss the law that was applied to reach the outcome of your case. Ultimately the Appeals Referee will conclude whether you are entitled to receive your unemployment benefits or not. If you win your appeal, the unemployment benefits that you have been filing for will be released into your account right away. If you have not provided your direct deposit information to the ESC, a master card will be issued and sent to your mailing address.

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