DETERMINATION:
The claimant is not eligible for benefits from April 30, 2017 through June 03, 2017 and shall remain ineligible until all eligibility requirements of the Law are met.
REASONS:
The claimant filed a Claim effective April 30, 2017 which has been continued through June 03, 2017.
The claimant began working for INTEGRA STAFFING LLC on April 25, 2012 and remains attached to the employer's payroll. The claimant's customary work hours were part time and such hours continue to be available to the claimant.
CONCLUSIONS:
N.C.G.S. 96-15.01(b) provides a claimant is unemployed as provided in this subsection:
( ) Totally unemployed. The claimant's earnings for the week, including
payments in subsection (c) of this section, would not reduce the claimant's
weekly benefit amount as calculated in G.S. 96-14.2.
( ) Partially unemployed. The claimant is payroll attached and both of the
following apply:
a. The claimant worked less than the three customary scheduled full-time
days in the establishment, plant, or industry in which the claimant is
employed because of lack of work during the payroll week for which the
claimant is requesting benefits.
b. The claimant's earnings for the payroll week for which the claimant is
requesting benefits, including payments in subsection (c) of this section,
would qualify the claimant for a reduced weekly benefit amount as calculated
in G.S. 96-14.2.
( ) Part-totally unemployed. The claimant has no payroll attachment during
all or part of the week, and the claimant's earnings for odd jobs or
subsidiary work would qualify the claimant for a reduced weekly benefit
amount as calculated in G.S. 96-14.2.
Based on the foregoing, the claimant is neither totally nor partially unemployed within the meaning of the Law.
Appeal Rights:
This Determination will become final unless an appeal by the aggrieved party is filed on or before the Appeals Rights Expiration date. The appeal may be mailed to DES Appeals, P.O. Box 25903, Raleigh, NC 27611-5903, faxed to (919)733-1228 or E-mailed to des.public.appeals@nccommerce.com. For additional information, refer to the enclosed APPEALS & HEARINGS pamphlet.
IMPORTANT NOTICE: Please be aware that when a claimant receiving benefits has his/her claim reversed on appeal, the benefits received will be an overpayment subject to repayment to the Division. The Law requires all persons who have received benefits to which they are not entitled “for any reason” to be liable to repay the benefits received, including when decisions at any Division or judicial level have been reversed on appeal. G.S. §96-18(g)(2).
