North Carolina Unemployment

• The Employment Security Commission of North Carolina handles unemployment benefits in North Carolina. The decision about whether you receive benefits rests with Employment Security Commission representatives, not your employer. The amount of benefits you receive is based on the amount of money you made and the amount of time you worked before losing your job. If you quit your job or were grossly negligent, you may not be awarded benefits. Employers in North Carolina pay unemployment insurance taxes to cover benefits paid to employees.
  
  

Employee Waiver

• An employer can never require you to waive your right to unemployment benefits. Your employer pays a fee to the state so you can receive benefits when you are separated from your job. Since the employer must pay more money to the state if multiple employees claim benefits, it may be in his best interest to stop you from claiming benefits. Never give up your right to benefits until you know that it won’t make a negative impact on you financially.
  
  

Severance Contract

• In some cases, an employer can request that you sign away your unemployment benefits for severance pay. Before you sign, determine how much you would receive from unemployment benefits and whether you can make the severance last long enough to transition to your next job. It is perfectly legal for an employer to offer you severance in return for waiving unemployment benefits, but you have the right to refuse the offer and apply for the benefits.
  
  

Other Considerations

• If you sign a form waiving your unemployment benefits, your employer can submit the form when an unemployment representative contacts him for an interview. This can affect your benefits, but may not completely bar you from receiving them. If an employer makes waiving unemployment benefits a condition of your employment, contact the North Carolina Department of Labor at 800-625-2267. The United States Department of Labor can be contacted at 866-487-9243 if you want to file a federal claim against your employer.