Ms. Maria (a pseudonym used for confidentiality) was a manager at a restaurant located at the entrance to Charlotte-Douglas International Airport. The restaurant’s prime location attracted many employees from other airport eateries who would clock in and out at Ms. Maria’s station—a practice initially tolerated by management but later prohibited.
One day, Ms. Maria noticed an employee from another restaurant attempting to clock out at her terminal. Despite the restaurant policy prohibiting such actions, the employee persisted. Following standard procedure, Ms. Maria requested to see his ID badge. Although he initially refused, the employee allowed her to view his badge after she showed him hers. Ms. Maria informed him that she would take a photo of the badge to send to Human Resources, as per protocol. However, when she tried to retain the badge, the employee became aggressive and threatened her job before leaving the scene. Ms. Maria was unable to file a formal complaint or report the incident due to her responsibilities at the register.
A few days later, Ms. Maria received word from Human Resources that a complaint had been filed against her. She was asked to respond via email, with no opportunity to speak in person or review any evidence. Despite requesting access to security footage, her request was denied. Within days, she was terminated from her position.
Facing the loss of her job and uncertainty of her future, Ms. Maria applied for unemployment benefits. However, her employer contested her claim, accusing her of misconduct, including snatching the employee’s badge and causing injury. Initially, the North Carolina Division of Employment Security (NCDES) denied her claim. With rent due and limited financial resources, Ms. Maria turned to Legal Aid of North Carolina (LANC) for help.
LANC’s Support:
When Ms. Maria reached out to LANC, she was under immense stress. Not only had her unemployment claim been denied, but she also faced the threat of eviction. The day before Thanksgiving, she received an eviction notice, adding to her burden. To make matters worse, Ms. Maria had just lost her beloved grandmother on the morning of her appeal hearing. Acknowledging the emotional toll, LANC requested a continuance, giving Ms. Maria the time she needed to grieve.
Attorney Michael McGurl took on Ms. Maria’s case, thoroughly reviewing the evidence and preparing for the appeal hearing. The employer’s case was based primarily on the testimony of the employee involved in the incident, but the evidence presented was weak—blurry photographs and vague accusations, with no sworn statements or identity for the employee. At the hearing, the employer failed to produce the employee for testimony, relying solely on hearsay.
It seemed to Attorney McGurl that that the employee had fabricated his account to tarnish Ms. Maria’s reputation and avoid facing repercussions for his actions. He demonstrated the weak and faulty nature of the evidence presented against Ms. Maria who, as a credible and sympathetic witness, was able to clearly explain the incident, noting that she was the victim of harassment.
Thanks to LANC’s representation and Ms. Maria’s testimony, the Appeals Referee ruled in Ms. Maria’s favor, finding no credible evidence of misconduct or a physical altercation. Ms. Maria was awarded her unemployment benefits, giving her the stability she needed to move forward in life and pursue new career opportunities.
A New Beginning:
With the support of Legal Aid of North Carolina, Ms. Maria was able to regain control of her life during a difficult time. Not only did she secure her unemployment benefits, but the experience also gave her the confidence to look ahead to the future. Legal Aid is proud to have helped Ms. Maria navigate these challenges, and we remain optimistic about her success in her next chapter.
A Grateful Client’s Note:
Ms. Maria expressed her gratitude to Attorney McGurl with the following message:
“Dear Michael,
Happy New Year!
I wanted to take a moment to express my heartfelt gratitude for all your hard work, dedication, and expertise in helping me win my unemployment case. Your guidance and support made a significant difference, and I truly appreciate the time and effort you invested in my situation. You are a brilliant attorney, and Legal Aid is blessed to have you at their service.
This victory has helped in healing my heart and brought me a fresh start for the new year. I couldn’t have done it without your help. Thank you so much for standing by me and for being such a reliable and skilled advocate. I wish you a prosperous and joyful New Year filled with blessings, success, and happiness. Thank you again for everything!
I’m grateful.”