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Can you get unemployment after you was denied for misconduct? Is it easy? I appealed. Do you think I lost ? please help

Durham, NC |

Unemployment Benefits. I have had other written up but this was never intentional.

I already had my appeal, I'm just waiting. My appeal judge was R.A. Livingston. I'm not feeling really good about this. Its over 3000 in back pay :(

Attorney Answers 2


Unfortunately, there is little that can be done at this point. The hearing is over and Appeals Referee Livingstone will issue a written decision on your appeal. If she denies your unemployment, you can appeal that decision. However, to win that appeal, you would have to point out a legal error that she committed during the hearing or in her decision. Those appeals are very rarely won.

Hindsight is 20/20, but it is always best to retain an attorney to represent you at an unemployment appeals hearing.

Kirk J. Angel is an experienced North Carolina licensed attorney who focuses his practice on employment law. Mr. Angel, who has focused on employment law for more than 15 years, represents clients throughout North Carolina and more information about him is available at This response is for general informational purposes and does not constitute legal advice. Additionally, this response does not create an attorney client relationship. If you need legal advice, please contact a lawyer in your state who practices in the appropriate area.

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Misconduct is normally a reason to deny unemployment. There may be ways to fight it, but that is usually by presenting evidence at the hearing showing it is a pretext, for example by showing that other employees with similar misconduct were treated differently. By the time you get to the appeal, the person reviewing it doesn't re-decide the facts, only looks to see if there was some error. So your instincts are probably right.

***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ******

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