An appeal is a written statement contesting or challenging a determination, decision or opinion issued by an adjudicator, Appeals Referee, or the Board of Review. You do not need to use any special form in order to file an appeal, but the content of the appeal and the way you file the appeal may be different depending on the type of determination or decision you are appealing. See the text of the determination or decision itself for specific information on how to file an appeal and the deadline for doing so.

Any claimant or employer who receives an unfavorable determination or ruling may appeal and request a hearing. Only an interested party can file a valid appeal.

For example, in a typical separation case (e.g., a quit or a discharge) the interested parties are the:

• Last employer.
• Claimant who applied for unemployment benefits.

The determination will tell you the deadline for filing your appeal. If the last day of the appeal period falls on a weekend or a legal state holiday, the appeal period is automatically extended to the next working day. If you do not file your appeal by the required deadline, it may be denied.

In some cases, yes. For claims filed June 30, 2013 and after, you may need to repay unemployment benefits you got from any administrative or judicial decision that is later reversed on appeal.

Typically, the parties to a hearing are the:

• Claimant (the person who applied for benefits).
• Employer the claimant worked for before filing the claim.
• N.C. Division of Employment Security (DES).

Any former employer of the claimant could potentially be a party to the hearing.

An appeals hearing is a quasi-judicial, administrative hearing where interested parties to the appeal can present testimony and evidence. The official conducting the hearing will explain the process.

You will get a hearing notice in the mail. The notice contains the:

• Date, time and format of the appeals hearing.
• Contact information for the appeals referee or hearing official who will conduct the hearing.
• Issues that will be addressed.

Hearings are generally held by telephone conference call or, if requested, in person at the N.C. Division of Employment Security (DES) central office in Raleigh.

It’s up to you if you want to hire a lawyer for the hearing. Any claimant or employer may file their own appeal and represent themselves (pro se) throughout the administrative appeal process or have a legal representative file an appeal and represent them.

If you want to use a legal representative, you should hire one before your hearing or review. A legal representative (including individuals from a third-party company serving as an employer’s unemployment insurance administrator) must be a licensed attorney, or a person supervised by a licensed attorney in accordance with the Gen. Stat. Ch. 84 and §96-17(b). Notices and/or certification of attorney supervision must be in writing and sent with the appeal to become part of the official record.

NOTE: If a party has a legal representative, all documents or information required to be provided to the party will be sent to the legal representative. Any information provided to a party’s legal representative will have the same force and effect as if it had been sent directly to the party.

A lawyer may:

• Get information about a party’s case.
• Present evidence on behalf of the party.
• Present opening statements and closing arguments.
• Make requests or motions.
• Give any notice about the administrative proceedings.

If you filed an appeal and you miss the hearing: no hearing will be held, and your appeal will be dismissed.

If you are not the appealing party and you miss the hearing: the hearing will be held without you. The appeals referee or hearing official will make a decision based only on the evidence presented during the hearing.

NOTE: The appealing party will not automatically win the case if the non-appealing party fails to appear for the hearing.

Yes. To reschedule a hearing:

1. You must contact the appeals referee or hearing official in writing and state the specific reasons for the request.
2. Your request will either be granted or denied.
3. If there is no response to the request by the hearing date, each party must be prepared to go forward with the hearing.

Best Witnesses

The most valuable witnesses are those who have first-hand knowledge of the events and information relevant to your case. These witnesses can testify about things they directly saw, heard, or experienced.

Hearsay Evidence

A witness who only testifies about what others (who are not present at the hearing) told them is presenting hearsay evidence. While hearsay evidence can be admitted in some cases, it generally cannot be the main basis for determining facts in a case.

• Hearsay evidence lacks the personal knowledge of the witness and can be less reliable.

To strengthen your case, try to bring witnesses who directly know about the events, as their testimony will carry more weight.

Contact Your Witnesses

Reach out to those you want to testify, especially those who have personal knowledge of the facts, ideally someone who was present at the event. A first-hand witness is far more valuable than someone who only heard about the event secondhand.

Witness Location

If possible, have your witness at the same location as you for the hearing. If the witness cannot be present at the same location, provide the witness's contact information (such as their name and phone number) to the appeals referee or hearing official. You can find the necessary contact information on your Notice of Hearing.

Ensure Availability

Tell your witness to be available at the scheduled hearing time and to remain available until the appeals referee or hearing official dismisses them. Make it clear that the appeals referee or hearing official can only communicate with the witness during the hearing, so the witness must be present and ready to testify during the hearing time.

You should contact the appeals referee or hearing official listed in your hearing notice or the Appeals Unit and request that the witness be subpoenaed. Make the request as soon as possible, so the subpoena can be served before the hearing.

A subpoena is a command to appear at a certain time and place to give testimony. A subpoena duces tecum requires production of documents, books or other items.

Your request must be in writing and must include the:

• Name of the party requesting the subpoena.
• Claimant’s name.
• Docket number of the case.
• Name, address and telephone number of the person you want to appear for the hearing.
• Specific identification of anything sought, including a detailed description and where the item is presently located, and the name and address of the person in possession.
• Statement of why the testimony or evidence to be subpoenaed is important to the case.

Yes. Your subpoena request may be denied for several reasons including the following:

• The request is unreasonable or not valid.
• The evidence requested is not relevant to the issues in your case.
• There is not enough information in the request to know what documents or evidence are needed for the hearing.

Yes, especially if it is the sole basis for the testimony being presented.

Here are some important things to consider if you want to play a video or audio recording at your hearing:

• If you have a recording that will only be meaningful if viewed in-person, you should consider requesting an in-person hearing in advance.
• You must arrange with the appeals referee or hearing official in advance to make sure that your recording can be played during the hearing.
• For telephone hearings, you are responsible to send a copy of the audio or video recording in a format that can be viewed by the Appeals Referee and the other party to both the Appeals Referee and the other party prior to the hearing.
• For in-person hearings, you are responsible for making sure that the necessary equipment to play the recording will be there.
• Be sure to bring the recording in a format that can be kept by the appeals referee or hearing official (e.g., a CD-R disc, flash drive, videocassette, etc.), because the recording must be made a part of the record for the appeals referee or hearing official to consider it as evidence.

• Eyewitness and First-hand Testimony or Recordings: Eyewitness and first-hand testimony are always the best evidence. First-hand testimony includes witnesses who personally saw, heard, or were involved in a situation. If there is a recording of the alleged conduct, the recording is the best evidence.
• Related Documents: If someone signed documents or submitted something in writing that is important to your case, you can submit those as evidence. If you do so, you must provide a copy of the documents to the appeals referee and the other party.

To have documents or electronic recordings considered, mail, fax, or deliver a copy of each to the appeals referee and each party, before the hearing date. You can find contact information for the appeals referee on your Notice of Hearing. Do this even if you previously submitted the evidence to DES. Only the documents and recordings in the hearing file will be considered, unless the right to view them is waived.

Often, documents and affidavits are hearsay evidence and not enough to prove what happened. An employer who must rely on business records should provide a witness who can testify about how the records were prepared and vouch for their authenticity. Unless it meets the statutory requirement set forth in N.C. Gen. Stat. 8C, Article 9, or qualifies as an exception to the hearsay rule, the evidence cannot be used as the sole basis for a finding of fact. Once the hearing is closed, no additional evidence will be accepted.

A witness who can only testify about what others (who are not at the hearing) told him or her usually presents what is called hearsay evidence. Hearsay evidence may support a finding of fact if it meets the statutory requirements set forth in N.C. Gen. Stat. 8C, Article 8. If the hearsay evidence does not meet the statutory requirements, then the evidence may qualify as an exception under the hearsay rules found in N.C. Gen. Stat. 8C, Rules 803 and 804. If the testimony is based on a video or audio recording, the recording should be offered into evidence during the hearing.

There must be evidence to prove or disprove any test and its results. Evidence should also include work rules and/or policies. In North Carolina, the Controlled Substance Examination Regulation Act, G.S. 95 §§230-235 requires that tests comply with its requirements, unless the U.S. Department of Transportation or Nuclear Regulatory Commission administers the test. Employers must follow the requirements in G.S. 95 §§230-235 when testing employees for controlled substances.

Instead of live testimony from a laboratory representative at a contested claims hearing, an affidavit from the lab’s authorized representative may be used to prove controlled substance examination results, chain of custody and/or compliance with all testing and retesting required by federal or state law. See 04 N.C. Admin. Code 24C .0211 for more information.

If a worker loses their job for drug and/or alcohol-related reasons, they may be disqualified for benefits. See  N.C. Gen. Stat. § 96-14.6 for more information about disqualification for misconduct at work.

Remember that any documents submitted to the appeals referee or hearing official must also be provided to the other party before the hearing.

Yes. Any information you send to the appeals referee or hearing official should also be sent to all other parties to the hearing. The appeals referee or hearing official can only consider documents and evidence that are provided to all parties before the hearing.

Yes. The appeals referee or hearing official can only discuss procedural matters like scheduling and subpoena requests. They can only discuss questions about the subject matter of your case when all parties are present during the hearing.

Yes. Before a decision is issued on your appeal, you may withdraw your appeal by submitting a written request to the appeals referee or hearing official. You must include the same identifying information that was included in your appeal, as well as the appeals docket number, if known.

You may also orally withdraw your appeal at the hearing. You must state that the withdrawal is freely done. Only the party that filed the appeal may withdraw the appeal. If the request is granted, an Order for Withdrawal will be issued stating that the previous determination or decision will become final.

There are no appeal rights to an order that results from a withdrawal. If you later change your mind about withdrawing your appeal, you would need to file a new appeal separately.

You should use the contact telephone number, email address or fax number provided in the hearing notice that you got. If you are unable to reach someone at that number, contact:

Appeals Section
Division of Employment Security
Post Office Box 25903
Raleigh, NC 27611-5903

Telephone: 919-351-2120 
Fax: 919-341-5691  
Email: des.public.appeals@commerce.nc.gov

Be sure to give enough information about your determination and case for your call or written inquiry to be forwarded to an individual who can quickly answer your questions.

You can find the Employment Security Law in Chapter 96 of the North Carolina General Statutes and Title 4, Subchapter 24 of the North Carolina Administrative Code. You can access the law through the DES website, the General Assembly’s website, or the Administrative Office of the Courts website.

Hearings are typically scheduled for one hour, but more time may be allowed for cases with multiple participants or complex issues. If your hearing requires more than the scheduled time, the hearing may be adjourned and completed at a later date and time.

If you know that you will bring multiple witnesses or a large number of documents to the hearing, you may request in advance to have additional time for your hearing.

Yes. You should make every effort to be on time for your hearing.

For phone hearings, make sure that your phone is working, and the line is open and available for incoming calls. The appeals referee or hearing official will call you within 10 minutes from the scheduled start time.

For in-person hearings, you should arrive at least 15 minutes before the start time of the hearing.

If you are late for a phone hearing, you may not be able to join the hearing after the appeals referee or hearing official begins. If the appeals referee or hearing official is unable to reach the appealing party by phone within 10 minutes from the start time of hearing, the appeal may be dismissed. If a non-appealing party is not available within the first 10 minutes from the hearing start time, the phone hearing may begin without them.

If an appealing party is 10 minutes late for an in-person hearing, the appeals referee or hearing official may dismiss the appeal and allow the other participants to leave.

A continuance is when a hearing is rescheduled for a later time. A continuance may also be called a postponement or an adjournment.

An adjournment is when a hearing that has already started is temporarily paused and will continue at a later time.

An appeals referee or hearing official can decide to adjourn a case, but only if there is a good reason.

You may appeal the decision or order if you missed the hearing. You may request a new hearing and state the reason why you believe that you should be given a new hearing.

An adjourned hearing will be rescheduled as quickly as possible. However, it might take several weeks because of other hearings that need to be scheduled.

Yes. As long as you are unemployed, you should continue to fill out your weekly certification until all appeals have been decided. If you do not complete your weekly certification, you will not get benefits for that week.

NOTE: For claims filed June 30, 2013 and after, you may have to repay any benefits you got if a decision is later changed on appeal. This means that if the appeals decision is not in your favor, you might need to repay the benefits you got.

If you get unemployment benefits as a result of an appeals decision, benefits will usually be released the night the decision is mailed to you and the other parties.

You will get notice that a further appeal has been filed. An acknowledgment letter will be mailed to you. The acknowledgment letter will notify you of your rights and further steps in the appeals process.

NOTE: For claims filed June 30, 2013 and after, claimants are subject to repayment of benefits you got from any administrative or judicial decision that is later reversed on appeal. This means you may have to repay benefits if the appeals decision does not go in your favor.

In most cases, you can file an appeal of the decision. The decision will include instructions for filing an appeal and the deadline for doing so.