§ 96-15.01 – Establishing a benefit year.
96-15.01. Establishing a benefit year. (a) Initial Unemployment. – An individual is unemployed for the purpose of establishing a benefit year if one of the following conditions is met: (1) Payroll attachment. – The individual has payroll attachment but because of lack of work during the payroll week for which the individual is requesting the […]
§ 96-15.1 – Protection of witnesses from discharge, demotion, or intimidation.
96-15.1. Protection of witnesses from discharge, demotion, or intimidation. (a) No person may discharge, demote, or threaten any person because that person has testified or has been summoned to testify in any proceeding under the Employment Security Act. (b) Any person who violates the provisions of this section shall be liable in a civil action […]
§ 96-15.2 – Protection of witness before the Employment Security Commission.
96-15.2. Protection of witness before the Employment Security Commission. If any person shall by threats, menace, or in any other manner intimidate or attempt to intimidate any person who is summoned or acting as a witness in any proceeding brought under the Employment Security Act, or prevent or deter, or attempt to prevent or deter […]
§ 96-15.3 – Board of Review.
96-15.3. Board of Review. (a) Purpose. – The Board of Review (BOR) is created to determine appeals policies and procedures and to hear appeals arising from the decisions and determinations of the Division. The Department of Commerce must assign staff to the BOR. The BOR and its staff must perform their job responsibilities independent of […]
§ 96-16 – Seasonal pursuits.
96-16. Seasonal pursuits. (a) A seasonal pursuit is one which, because of seasonal conditions making it impracticable or impossible to do otherwise, customarily carries on production operations only within a regularly recurring active period or periods of less than an aggregate of 36 weeks in a calendar year. No pursuit shall be deemed seasonal unless […]
§ 96-17 – Protection of rights and benefits; attorney representation; prohibited fees; deductions for child support obligations.
96-17. Protection of rights and benefits; attorney representation; prohibited fees; deductions for child support obligations. (a) Waiver of Rights Void. – Any agreement by an individual to waive, release, or commute his rights to benefits or any other rights under this Chapter shall be void. Any agreement by any individual in the employ of any […]
§ 96-18 – Penalties.
96-18. Penalties. (a) (1) It shall be unlawful for any person to make a false statement or representation knowing it to be false or to knowingly fail to disclose a material fact to obtain or increase any benefit under this Chapter or under an employment security law of any other state, the federal government, or […]
§ 96-18.1 – Attachment and garnishment of fraudulent overpayment.
96-18.1. Attachment and garnishment of fraudulent overpayment. (a) Applicability. – This section applies to an individual who has been provided notice of a determination or an appeals decision finding that the individual, or another individual acting in the individual’s behalf and with the individual’s knowledge, has knowingly done one or more of the following to […]
§ 96-19 – Enforcement of Employment Security Law discontinued upon repeal or invalidation of federal acts; suspension of enforcement provisions contested.
96-19. Enforcement of Employment Security Law discontinued upon repeal or invalidation of federal acts; suspension of enforcement provisions contested. (a) It is the purpose of this Chapter to secure for employers and employees the benefits of Title III and Title IX of the Federal Social Security Act, approved August 14, 1935, as to credit on […]
§ 96-15 – Claims for benefits.
96-15. Claims for benefits. (a) Generally. – Claims for benefits must be made in accordance with rules adopted by the Division. An employer must provide individuals providing services for it access to information concerning the unemployment compensation program. The Division must supply an employer with any printed statements and other materials that the Division requires […]