04 NCAC 24B .0402          request for SEPARATION information from Employer

(a)  DES shall provide requests for information regarding a claimant's separation or status to the employer's last known mailing address or email address as reflected in DES's official records. Requests shall be provided to the employer's mailing address when responding to the request by SCUBI, and to the email address when responding to the requests by SIDES.

(b)  Employers shall electronically submit separation information and information regarding a claimant's employment status consistent with G.S. 96-15(b)(2) by SCUBI at www.des.nc.gov or by SIDES.

(1)           DES shall provide employers using SCUBI with written instructions for submitting responses by SCUBI with the request for information.

(2)           SIDES participants who elect to receive communications from SIDES shall receive written instructions for submitting responses to the request for information by email or proprietary SIDES interface software.

(c)  Each employer's response in connection with a request from DES shall include the following information as applicable to a claimant's claim:

(1)           last and first dates of employment;

(2)           the claimant's pay rate;

(3)           the gross amount of any vacation, severance, and sick pay;

(4)           the beginning and ending dates covered by any separation payments;

(5)           if the claimant quit the job or left work:

(A)          a copy of the employee's resignation letter, if one exists; and

(B)          each reason provided by the claimant to the employer for leaving work; or

(6)           if the claimant was discharged:

(A)          each reason for the discharge with supporting documentation and evidence; and

(B)          a copy of each policy, warning, handbook, document, acknowledgment, or contract signed by the claimant that is relevant to the claimant's discharge; or

(7)           if the claimant was separated due to an inability to perform the job duties and was employed less than 100 days, an explanation describing the job requirements, the claimant's inability to perform the job duties, and steps taken by the employer to assist the claimant to perform the job duties prior to discharge; or

(8)           if the claimant is still employed with the employer:

(A)          the terms of employment and conditions under which the claimant was hired;

(B)          the number of hours per week that the claimant is currently working;

(C)          the customary number of hours per week that the claimant has worked;

(D)          with regard to any reduction of the claimant's work hours:

(i)            the date the reduction took place;

(ii)           reasons for the reduction; and

(iii)          if the reduction is temporary, the expected date for the claimant's return to work; and

(9)           any separation or status information requested by DES, or that the employer expects is necessary for DES to make a correct initial determination of the claimant's eligibility for unemployment benefits.


History Note:        Authority G.S. 96-1; 96-4; 96-11.3; 96-11.4; 96-15; 96-15.01; 20 U.S.C. 3303;

Eff. July 1, 2015;

Amended Eff. September 1, 2017.