by Brandi
(NC Unemployment Benefits)
What does it mean when the appeals decision is reversed?
My husband was denied when he first filed. We appealed and that too was denied. Since my husband was fired for a stupid reason, we decided to appeal that decision as well. Now he gets a letter stating that the decision of the appeals referee was reversed. But, it also says that he is disqualified for 12 weeks. Does this mean that he won the appeal but will be penalized for 12 weeks?
Hi,
North Carolina has some weird rules about misconduct disqualifications. The following is directly from DOLETA’s 2010 chartbook and the footnote for NC misconduct disqualifications.
In NC, the agency may reduce permanent disqualification to time certain, but not less than 5 weeks; when permanent disqualification changed to time certain, benefits are reduced by an amount equal to the number of weeks of disqualification x WBA. Also, an individual will be disqualified for substantial fault on the part of the claimant that is connected with work but not rising to the level of misconduct. The
disqualification will vary from 4-13 weeks depending on the circumstances.
So, I guess I would have to ask you what the referee decision imposed first that it was called a reversal. A reversal usually means “benefits allowed” if one had been denied, but what you are describing sounds more like the decision was amended to a “time certain”.
But then I can’t read the decisions .. so I’m guessing.
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