Unemployment FactsFrequently Asked Questions
Why should I choose The Angel Law Firm?
We are very experienced in representing Claimants at ESC hearings and do so multiple times per week. Additionally, our firm represents employees in all types of claims including harassment, discrimination, retaliation, wage and hour, and wrongful termination. These ESC hearings are a great opportunity to develop evidence for a possible claim against the Employer at a time when the Employer may not be prepared.
Why should I hire an attorney to represent me?
Just as you probably would not want to appear at a court hearing without an attorney, you probably do not want to appear at an ESC hearing without an attorney. An attorney will be familiar with how to present your case in the manner that is most advantageous for you. Likewise, an attorney will be able to more effectively attack your Employer’s position during cross examination. Your attorney can also make objections, when appropriate, and can give a closing statement for you. Finally, although you still have to testify, your attorney can take all the other issues off your hands so that you can focus on you; not what the employer has to say about you.
What happens at the ESC Appeals Hearing?
The hearings are conducted similar to court hearings. The Hearings Officer or Appeals Referee will act as a judge and make rulings on evidence and objections as well as swearing in and questioning the witnesses. In a quit case, the Claimant (you) will testify first, and then be subject to cross examination. In a discharge case, the Employer will testify first, and then be subject to cross examination. Either Claimant or Employer may offer additional witnesses to support their claims. Finally, the parties are allowed to give a closing statement.
The ESC’s determination said that I am not entitled to benefits. Why should I bother with the hearing since I “lost” previously?
For the same reason as above. You may be able to prove that you are entitled to benefits and if so, the Hearings Officer or Appeals Referee can overturn the decision and grant your benefits. Please review the ESC paperwork to see just how much money is at stake.
The ESC’s determination said that I am entitled to benefits. Should I worry about this appeal since I “won” previously?
The initial determination is based on information you and your employer provided to the ESC. If your employer has appealed, it believes that it can prove you are not entitled to benefits. If the Appeals Referee or Hearing Officer agrees with your employer your benefits could be taken away, you might have to repay the benefits or you may be barred from further benefits.
I received a notice from the North Carolina Employment Security Commission (ESC) that I have a hearing scheduled. What does that mean?
The hearing notice is your official notice that the initial decision of the ESC has been appealed and a hearing set. The notice also provides you with the date and time of the hearing as well as whether the hearing will be via telephone or in person.