Denied Unemployment Benefits in North Carolina for Unsatisfactory Work Performance? You May Still Qualify

If your claim for unemployment benefits was denied due to poor performance at work, don’t assume you’re out of options. In many cases, performance issues do not meet the legal definition of “misconduct” under North Carolina law. At Atwater Law PLLC, we help workers across the state appeal wrongful unemployment denials—and win.

What Counts as “Misconduct” in North Carolina?

The North Carolina Division of Employment Security (DES) will only deny benefits if your employer proves you were discharged for misconduct connected with work. But poor work performance—on its own—usually doesn’t qualify as misconduct.

To legally disqualify you, an employer must show:

You intentionally failed to do your job, or
You were grossly negligent or willfully careless, and
You were aware of the consequences and received warnings.

However, most workers who are fired for “unsatisfactory performance” are let go because:

They couldn’t meet unrealistic productivity standards
They made honest mistakes
They lacked proper training
They were overwhelmed by the workload

These reasons typically do not justify a denial of unemployment benefits.

Can I Appeal a Denial Based on Poor Performance?

Absolutely. If you were denied benefits, you have the right to file an unemployment appeal and present your side of the story in a formal unemployment hearing. At this hearing, you’ll be allowed to:

Testify about the circumstances of your job
Challenge your employer’s claims
Present documentation or witnesses
Argue that your performance did not amount to misconduct

Atwater Law PLLC has helped claimants across North Carolina prove their job performance issues were not willful or malicious—and that they still deserve benefits.

Why Hire an Unemployment Lawyer?

Going into an appeal hearing alone can be intimidating. Employers often bring HR reps and documentation that can overwhelm a claimant. At Atwater Law PLLC, we: