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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 88627
Experience:  20+ Years of Employment Law Experience
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I was, "let go," via text message on February 1, 2013 at 7:25PM.

Resolved Question:

I was, "let go," via text message on February 1, 2013 at 7:25PM. I was approved for unemployment benefits and received payment every week until I found another job. Now I find out that I have a phone hearing on June 25, 2013 at 11:30Am. I worked for this person for just about one year. Working eight hours per day with no breaks and no lunch. After I finished my eight hours at the store, I was sent to her house to clean her two kitchens before I went home. It was exhausting, but when you are 70 years old, it is very hard to find employment. What do I say at this meeting and do I need a lawyer? Thank you for your help. I live in North Carolina.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

If they have scheduled a hearing it means the employer is appealing your eligibility for benefits. In order to win their case, the employer has to prove that you were terminated for good cause, which in NC means that you committed some misconduct directly related to your employment. Your employer has to present evidence to prove that you committed serious misconduct and then you have the right to provide evidence to defend yourself. If you lose the phone hearing, you have the right to appeal for a real in person hearing for which you really need an attorney. As far as the phone hearing, it is best to have an attorney, but it is not as important as it is for an in person hearing.

You need to explain in the hearing that you committed no misconduct or gave no good cause directly related to employment to be terminated and as such your benefits should not be denied. You also have a right to insist on production of actual evidence by the employer regarding their allegations so you can provide rebuttal to show the employer is not truthful.



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Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 88627
Experience: 20+ Years of Employment Law Experience
Law Educator, Esq. and 6 other Employment Law Specialists are ready to help you
Customer: replied 1 year ago.

Will I find out if I won or lost the hearing at the end of the hearing? If I lost the hearing, when do I ask for the right to appeal for a real in person hearing?

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.

No, you will generally get a written decision within 30 days from the date of the hearing and then you have to file your appeal before the date specified in the letter if it was against you.
Customer: replied 1 year ago.

Thank you for your help. God Bless

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you.

Please do not forget to click on excellent service feedback as that is the only way experts get credit for spending time with customers.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 88627
Experience: 20+ Years of Employment Law Experience
Law Educator, Esq. and 6 other Employment Law Specialists are ready to help you

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