How do I appeal an unemployment insurance denial in North Carolina?

1. Agency. The North Carolina Division of Employment Security (DES), within the Department of Commerce, administers UI under N.C. Gen. Stat. Chapter 96.

2. Common Disqualifications. Voluntary leaving without good cause attributable to the employer (N.C. Gen. Stat. § 96-14.5), discharge for misconduct or substantial fault (§ 96-14.6), refusal of suitable work (§ 96-14.9), not able and available (§ 96-14.9(b)), or receipt of severance.

3. Determination Notice. DES mails an Adjudicator Determination stating the reason for disqualification and appeal rights.

4. Appeal Deadline. 10 calendar days from the mailing date (N.C. Gen. Stat. § 96-15(c)). Late appeals require good cause and the appeal must be filed within 30 days of when good cause ceased.

5. Filing the Appeal. File through the DES online portal (des.nc.gov), by mail, or by fax.

6. First-Level Hearing. An Appeals Referee conducts a telephonic de novo hearing (N.C. Gen. Stat. § 96-15(c)). Both parties testify under oath, submit documents, and cross-examine.

7. Burden of Proof. Employer bears the burden on misconduct/substantial fault discharge; claimant bears the burden on good-cause voluntary leaving.

8. Decision. The Referee issues a written decision typically within 2-4 weeks.

9. Second-Level Administrative Appeal. Appeal to the Board of Review (Assistant Secretary) within 10 days (N.C. Gen. Stat. § 96-15(e)); review is on the record.

10. Judicial Review. Petition the superior court of the county of residence within 30 days under N.C. Gen. Stat. § 96-15(h); review is on the whole-record substantial-evidence standard.

11. Continued Filing. Continue weekly certifications during the appeal to preserve back pay.

12. Overpayment. If you lose, DES issues an overpayment; non-fault waiver is available under § 96-18(g)(2).

This is legal information, not legal advice.