A client from North Carolina had initially been denied unemployment benefits when she contacted the Gusdorf Law Firm to represent her at an upcoming appeal hearing. Working with the The Law Office of Richard A. McNeil, based on Raleigh, the Gusdorf Law Firm reviewed the facts surrounding our client’s separation more closely.
Like most states, North Carolina has a law that disqualifies a claimant from unemployment benefits if they quit a job without having good cause to do so. But the Gusdorf Law Firm was aware of a decision by the Supreme Court of North Carolina that explained how an employee, faced with a decision between being fired and being allowed to resign, will not be considered to have voluntarily quit if choosing to resign.
At the appeal hearing, the Gusdorf Law Firm conducted a direct examination of our client, who testified that her employer had given her too few resources and set impossible goals. Called in for a performance review, our client was told she would nevertheless be fired if she failed to meet these deadlines. The Appeals Referee found that our client’s reason for leaving work was actually attributable to the employer, reversed the earlier decision, and ruled that our client was entitled to receive her unemployment benefits. The Gusdorf Law Firm and the client appreciated the ruling, which allowed our client the dignity of resignation while preserving her qualification for benefits.
