The Perquimans Weekly, Hertford, N.C., Thursday, July 23, 1998 - Page 9
Unemployment insurance: benefits for unemployed workers
The Law
And You
^Workers who
become unemployed
njay receive up to 26
Weeks of unemploy-
nrent insurance (UI)
benefits. Eligibiiity for
benefits is based on
the type of work per-
fobmed, wages earned,
add the reason a work-
er is unemployed. Employees
whose work hours are reduced
to part-time status may also be
eligible for benefits. Even
employees who are fired or
quit their jobs may receive
benefits.
Applications for unemploy
ment insurance benefits must
be made at local offices of the
Employment Security
Commission (ESC), a division
of the N.C. Department of
Commerce. The addresses and
telephone numbers of local
Esc offices are listed under
Employment Security
Commission in the white
Pages of local telephone direc
tories. When workers who
become unemployed for rea
sons other than lack of work
qpply for benefits they are
required to explain in writing
the reasons they are
unemployed. They may
respond later to infor
mation provided by
their former employ
ers.
After an application
for benefits is made at
a local ESC office, the
available information
is reviewed and a decision is
made by ESC local office
employees or an ESC claims
adjudicator in Raleigh. If
either the employee or employ
er is dissatisfied with the deci
sion, he or she can appeal and
a hearing will be held before
an Appeals Referee either by
telephone or in person at a
local ESC office. The question
to be decided by the Appeals
Referee is usually whether the
employee (called the claimant)
is disqualified from receiving
benefits because he or she quit
work without good cause
attributable to the employer or
was discharged for misconduct
or substantial fault connected
with his or her work.
Although the hearing proce
dure is informal, decisions
must be based on legally com
petent evidence. Therefore, it
is important to consult an
attorney before the hearing by
the Appeals Referee.
A decision that an employee
quit without good cause attrib
utable to the employer will
result in disqualification for
all benefits. The employee has
the burden of proving good
cause attributable to the
employer. For example, an
employee may be eligible for
benefits if he or she quits work
because a health condition
prevents that employee from
performing his or her job. To
qualify for benefits in such an
instance the employee is
required to give the employer
notice of the health condition
before quitting. Permanent
reduction in work hours of
more than 20 percent or per
manent reductions of rate of
pay of more than 15 percent
are also considered good cause
attributable to the employee
for quitting, provided the
reductions were not the
employee’s fault. If an employ
ee is told that he or she will be
discharged unless they resign,
the ESC treats the resignation
as a discharge.
A decision that an employee
was discharged for misconduct
results in disqualification for
all benefits. A decision that an
employee was discharged for
substantial fault results in the
loss of benefits for four weeks,
9 weeks or 13 weeks depending
on the degree of fault. The
employer has the burden of
proving misconduct or sub
stantial fault. The decision
whether a claimant was dis
charged for misconduct or sub
stantial fault depends on the
evidence presented at the
hearing. State law defines sub
stantial fault as follows:
Substantial fault is defined
to include those acts or omis
sions of employees over which
they exercised reasonable con
trol and which violate reason
able requirements of the job
but shall not include (1) minor
infractions of rules unless
such infractions are repeated
after a warning was received
by the employee, (2) inadver
tent mistakes made by the
employee, nor (3)'failures to
perform work because of insuf
ficient skill, ability, or equip
ment.
Misconduct is a more seri
ous degree of fault than sub
stantial fault and often
includes intentional violations
of reasonable work rules,
refusal to obey reasonable
instructions, falsification of
records, and violation of drug
policies.
Applicants and recipients of
unemployment benefits are
required to conduct a weekly
job search for suitable employ
ment to maintain their eligi
bility for benefits and cannot
refuse an offer of suitable
employment. The minimum
job search requirement is usu
ally at least one application for
employment on two separate
days each week for a total of
two applications per week. The
procedure for recording appli
cation information, filing
weekly claims for benefits, and
reporting any wages received
will be explained by ESC
employees at the local ESC
office. Although unemployed
workers are usually not
required to accept a part-time
job while they are looking for
full-time work, quitting a part
time job may disqualify a
worker for additional benefits.
Applicants who are disquali
fied for benefits and appeal the
disqualification should contin
ue their job search and file
claims for benefits while their
case is on appeal.
A party dissatisfied with the
decision of the Appeals
Referee may appeal to the ESC
in Raleigh and that decision
may be appealed to court; how
ever, the only opportunity to
present evidence is usually a,t
the Appeals Referee hearing.'
The ESC sends a written expla
nation of the appeals procq-V
dure with a decision granting
or denying benefits. -; -.
(Author Richard Klein is aa'
attorney and co-director prf-
Legal Service of the Lowers
Cape Fear, Inc., Wilmingtono
“The Law and You” addresses'’
general legal issues.
For answers to your specific^
questions, contact a privfitei
lawyer or call Legal Serviced
of North Carolina at (919) 856-
2564, where you will be direct
ed to the Legal Services pro.-;.
gram serving your area.) . q,
Job Service report
; During the month of June,
the Edenton Employment
Security Commission (Job
Service) placed 222 individuals
in jobs and processed 434
application for employment.
Since the beginning of the
program year, the office has
placed 1,398 individuals in jobs
and has processed 4,215 appli
cations for employment. In
addition, 7 individuals
obtained employment as a
result of other services provid
ed by Job Service.
, The unemployment rate for
Perquimans County if 4.0 per
cent compared with a
^atewide rate of 3.2 percent. ,
;; The primary mission of the
Edenton Job Service office is
to take applications for
employment from j.ob seekers-
and job orders from employers
and then refer the best quali
fied applicants available for
v.Albemarle Computer Outlet
is;|)leased to announce the fol-
lQ.wing students who have
rqpently completed computer
trailing; Jan Lassiter, Cathy
Williams, Carol Hewett, Frank
Norman, Betty Eure, Mickey
Cooke, Sherry Smithson,
each job opening.
Anyone seeking employ
ment is encouraged to come in
to the office and register for
employment and/or utilize the
self-service Job Information
System (JIS). Upon registering
for work applicants can utilize
the toll free Jobs Line (1-800-
768-5627) and can call Tuesday
through Saturday between the
hours of 6 a.m. and midnight
for information on available
job openings.
Employers may call 482-2195
or fax 482-2188 to list available
job openings and receive
screening and referral ser
vices.
The Edenton Job Service
office is located at 1316-C
North Broad Street, and is
open from 8 a.m.-4:30 p.m. All
services are provided free of
charge.
classes
Linda Long, Sandra Smith,
Olethia Taylor, Carolyn
Chambers, Peggy Davenport,
Carlisle Harrell and Carlton
Boyce.
For more information about
training, please call Albemarle
Computer at 426-7171.
For the gift that always fits, give a subsciption to
The Perquimans Weekly
98 FRONTIER ^98 SENTRA GXE'* 98 ALTIMA GXE^98 MAXIMA GXf^98 PATHFINDER XE^ 98 QUEST XE
' wlhStefeRiWfes Criie,AMiSC8SS«e,telibre^^: m locks, ana much wore
Centura Banks income
Upnflirn Rank'c « v, « u i I L
Centura Banks Inc.
>NYSE:CBC) today announced
that net income for the second
luarter of 1998 increased 20.4
Percent to $24.1 million, com
pared to $20.0 million for the
comparable quarter in 1997.
Diluted earnings per share
increased to $0.89 in the sec
ond quarter of 1998 compared
to $0.76 in the same quarter
last year.
Per Mo.
Per Mo.
Per Mo.
Per Mo.
Per Mo.
Per Mo.
All payments based on 42 months owner option plan, all prices plus taxes, tag & fees. See dealer for details.
ALL MAKES!- USED CARS, TRUCKS, VANS, SPORT UTILITY VEHICLES - ALL MODELS!
TOWN OF HERTFORD
PUBLIC MEETING NOTICE
PLANNING & ZONING BOARD
The Hertford Planning Board and the Town Council will
hold a joint public meeting on Thursday Aug. 6,1998 at
7:00 PM in the Municipal Building. The purpose of the
public meeting is to consider the following request:
(1) Rezone from C-2 to R-8 approximately 3 acres of •
land located on Grubb Street. The land borders
RPS, Grubb Street, Chappell land, and within
approx 225 ft. of Sunshine Lane (SR1130)
(2) Include DayCare operations as a permitted or
conditional use in a C-3, Neighborhood
Commercial zone.
Call the Municipal Building 426-1969 for further details.
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TERM
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96
GEO
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$5,920
$1880
66
8.9
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96
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PRIZM
AUTO, FULL POWER
$6,989
$2488
60
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AUTO, POWER EQUIPPED
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$2853
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DODGE
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HIGHKINE, NICE CAR
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$3880
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2226A
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SIGNATURE
$12,899
$3108
60
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GXE, LOADED
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$3120
66
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P190
97
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ALTIMA
PW, PL, TILT, CRUISE
$11,400
$3220
66
8.9
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P257
97
NISSAN
4X2 X-CAB
LOADED, 4K Ml
$12,820
$3160
66
8.5
$214
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96
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QUEST
XE, LOADED
$13,880
$3120
66
8.9
$239
P176
96
NISSAN
MAXIMA
LOADED
$13,963
$3120
66
8.9
$239
PI 85
95
NISSAN
MAXIMA GXE
LOADED, NICE CAR
$12,980
$3160
60
9.9
$244
P295
96
CADILLAC
DEVILLE
LOADED,LEATHER
$19,980
$2860
66
8.9
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P144
94
JIMMY
GMC4
DR, LEATHER, LOADED
$11,980
$3220
54
9.9
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P250A
94
FORD
PROBE
SE. ALLOYS
$8,998
$2415
60
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2230A
96
DODGE
CARAVAN
LOADED
$14,350
$2820
66
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96
HONDA
ACCORD
LX 4DR, CLEAN
$14,920
$3180
60
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XLTF-150
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$17,257
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66
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$4,488
$1848 -
48
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CHEVY
SILVERADO
LOADED, 3,000 MILES
$19,320
$4208
66
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P270
96
FORD
EXPLORER
'■ LOADED, LEATHER :=
$19,406
$3720 ,
66
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$10,998
$2564
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m NISSAN ■
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$18,880
$3400
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CHEVY
4X4
EXTRA CAB 271
$21,880
$3480
66
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\ A ..ii---
I t:t
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3 Miles North of Elizabeth
City on Hwy 17
919-338-5161
888-658-3636
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