Denied NC Unemployment Claim (home, employment, compensation)

[NCDOORDIE]

I live in the good ol' state of NC and I voluntary quit a previous job working 2nd shift 12:30-9 to pursue a better opportunity being self employed. I secured a contract with a reputable company through the end of Dec 2009 working for myself from home (where I could be there with my 11 yr old daughter at night) for more money. Now that contract ended early because of the project collapsing. I filed an unemployment claim in September. NC ESC denied my claim Friday stating that I left my previous job for personal reasons. I had no idea that the contract would end early or of course I never would have quit. I figured by the end of December, if I could not extend the contract, I'd at least have time to look for other work. Aren't I allowed to TRY to better myself and my family in these hard economic times?

I am filing an appeal, however I want to be on an even playing field since I've never filed an unemployment claim before. I am trying to find case studies, laws etc. but I only find them for other states not NC. Can anyone help?? Let me extend my sincerest THANKS upfront.

[CHTransplant]

Generally, if you quit voluntarily, you are disqualified from receiving unemployment benefits, unless you quite for "good cause attributable to the employer" NC General Statue 96-14

An individual shall be disqualified for benefits:
(1) For the duration of his unemployment beginning with the first day of the first week after the disqualifying act occurs with respect to which week an individual files a claim for benefits if it is determined by the Commission that such individual is, at the time such claim is filed, unemployed because he left work without good cause attributable to the employer.

But note that you can quit for reasons related to shift work, and still be eligible:

(1g) For purposes of this Chapter, separation or discharge solely due to an inability to accept work during a particular shift as a result of an undue family hardship shall constitute good cause for leaving work. Benefits paid on the basis of this section shall not be charged to the account of the employer.

[codyhopkins]

Bailout Nation at its best!

[dnc19694339]

I understand your frustrations, but that is the chance you take when starting your own business. There is nobody to lean on when times get rough. This is why it is such a big decision to leave a paid position and go out on your own. I hope you find work soon, but dont expect unemployment benefits.

[jdljr]

You said it yourself...you voluntarily quit. I understand your reasoning, however there was continuing work available for you. There are instances where claims are sometimes approved after a "quit" situation (as there are instances when they're sometimes approved after a "discharge" situation), however each claim is decided on a case by case basis. When you quit, the burden of proof is on you to prove why you quit when continuing work was available (attributable to the employer). If you're discharged, the burden of proof is on the employer.

The ESC cannot use your most recent employer from which your employment ended early to base your claim since it was a contract position. Therefore, they must go back to your last bona fide employer, which you quit.

You have appeal rights. That is your recourse at this time but I wouldn't hold my breath. I've seen claimants come into my office that have quit a job for another employment opportunity that they had secured, but then it did not materialze...they were also denied. But stranger things have happened.

Why should that former employer be on the hook to have his/her UI rates go up because you quit when they had work available for you?

[Aspe4]

If you worked on a contract basis, your last employer was yourself.

[annabess]

I have a medical condition that was created and made worse because of my job. Can I still get unemployment compensation.

[mm_mary73]

Originally Posted by annabess

I have a medical condition that was created and made worse because of my job. Can I still get unemployment compensation.

Prove it.

[mevans0522]

Ok.. "prove it" :: If my physician told me to quit based on medical condition and backs me up in writing.. Is that enough proof?

[RedZin]

Originally Posted by mevans0522

Ok.. "prove it" :: If my physician told me to quit based on medical condition and backs me up in writing.. Is that enough proof?

Many years ago, I quit a job due to the stress it caused me while I was pregnant with my eldest child. At my doctor's recommendation, due to a threatened miscarriage.

I was denied unemployment.

I've never collected it. Ever.

I hope they give it to you, I really do. You can have the money they withheld from me in 1989.