Denied Unemployment in North Carolina for Tardiness or Attendance? Here’s What You Need to Know

Were you recently denied unemployment benefits in North Carolina because of attendance issues or chronic tardiness? You’re not alone—and in many cases, you may still be eligible for benefits. At Atwater Law PLLC, we help workers across the state fight unjust unemployment denials and win their appeal hearings, even when the reason for denial involves alleged absenteeism.

Can You Be Disqualified for Unemployment Due to Attendance?

Yes—but only under specific circumstances.

In North Carolina, the Division of Employment Security (DES) may disqualify you for misconduct connected with work, which includes chronic tardiness or unexcused absences. However, not every attendance problem counts as “misconduct.”

To deny your benefits, your former employer must prove that:

You violated a known attendance policy repeatedly and without good cause, and
You were warned or disciplined before being terminated.

But here’s the catch: Many employers fail to prove this. And many workers have legitimate reasons for absences, such as:

Medical issues
Childcare emergencies
Transportation problems
Lack of notice of new policies

We’ve represented countless claimants who were unfairly disqualified for attendance issues—and won.

How an Unemployment Appeal Hearing Works

If you’ve been denied benefits, you have the right to request an unemployment appeal hearing before an appeals referee. At this hearing, both you and your former employer will present testimony and evidence.

This is your chance to:

Show that you had good cause for your absences or tardiness
Argue that your employer did not follow their own disciplinary process
Cross-examine any witnesses or documents they present

Having an experienced unemployment attorney can make all the difference. At Atwater Law PLLC, we know what evidence matters and how to prepare you for a successful hearing.

Why Choose Atwater Law PLLC?

Atwater Law represents clients in unemployment appeals across North Carolina. We understand how DES decisions are made—and how to challenge them effectively.

✅ No fee unless you win
✅ Full representation at your unemployment appeal hearing
✅ Available across the entire state of North Carolina
✅ Decades of combined legal experience