NC Partial Unemployment

[HereKittyKitty]

What is the name of your state (only U.S. law)? NC

My full time, salaried position is being reduced to three days per week at a salary cut of about 40%.

I have started the online claims process at the NCDES web site, but toward the end of the application I realized I wasn't being asked whether I have been completely laid off, or if my hours have just been reduced. Everything seems to be geared toward total unemployment with no separate classification for partial unemployment. I stopped (after saving) the application because, of course, I don't want to make any mistakes or accidentally file a false claim.

Should I go ahead and finish the application, and expect follow up questions later from the commission which will clarify my actual status? I'm just really concerned that if I file for full unemployment while I'm really only eligible for partial unemployment, it might cause problems later.

Or--if anyone has been through the NCDES claims process online, does it get into the whole complete/partial thing at the end and I just didn't go far enough? It really looked like I was at the end of the form and the next click would put me in the pipeline.

I searched the site but there were no hits on "partial". My worst fear is that there is no partial unemployment in NC.What is the name of your state (only U.S. law)?

 

[swalsh411]

Complete the application. What will happen is that a claim will be established based on your wage history in the lookback period. It will set a maximum weekly benefit. Then when you file for each week you will report what you earned and your weekly benefit will be reduced accordingly. There is no seperate application for partial benefits.

 

[HereKittyKitty]

Thank you very much, swalsh411.

 

[commentator]

Yes, go on and file. if there is an option to file by telephone instead of doing the on line version, I would suggest it, because there is much to be said for a living human being. But just indicate "lack of work" as your reason for separation....and they will contact the employer. There is no danger of filing a false claim.

There is partial unemployment in NC, the problem is that I don't know how much you are making, but even with a significant salary reduction, most people won't qualify for partial unemployment insurance. Because your weekly gross wage, Sunday through Saturday of the filing week, regardless of how the money is actually paid to you, must be below the maximum weekly benefit amount of the claim. And it's hard to fall below that. You can file a claim for any week that you do fall below it, and report your gross weekly earnings, and you would be able to draw some unemployment benefits for each of the weeks where your gross earnings were below the amount you could draw. Max. possible is around $440 if I remember corrrectly.

There is no penalty for filing a claim, and unless there were some huge error, they would not just begin sending you the money without doing an inquiry about the circumstances.

 

[HereKittyKitty]

My weekly benefit amount is 341.00. My new salary (new monthly salary divided by 4.3) is about 360.00 gross.

I have another question on behalf of my co-worker. She was a full time employee until three years ago when she was reduced to four days a week with a pay cut. Now, her hours and pay are being cut again. I'm not sure what her salary is now, but I'm pretty sure it's significantly below her salary of three years ago to qualify for the partial unemployment. It never occurred to her to file for unemployment, and now she's wondering if she can file all the way back to 2009.

Thanks, Commentator. I was hoping to see you in this thread.

 

[commentator]

The employer could, if they were so inclined, complete partial forms back for her for a couple of weeks. But that's all. A claim must be filed for in a timely manner, and can never be backdated more than a very short period and then only in special circumstances. Claims are only good for a year from the date of filing, and any claim she was eligible for over a year ago would be gone by now.

She needs to file right now and see if her earnings are enough to qualify her for a claim that is more than she is earning. Since she has been making reduced wages all this time, she may not set up to draw the max. weekly benefit right now anyhow.

 

[swalsh411]

That's below the minimum salary amount. By Federal law you must be paid for all hours worked and OT if you happen to work more than 40 hours in a week. They cannot pay you as a salaried exempt employee at anything less than $455 a week.

 

[cbg]

Where does the poster say she is exempt? She only says she is salaried. The two are not the same.

 

[swalsh411]

I am aware of that. I am also aware that most OP's are not.

 

[cbg]

I can promise you that this OP does.