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Can I open a web based store, selling goods, while still collecting unemployment

by Jamie
(Raleigh, North Carolina)


My employer is planning on using my web based store as evidence at my unemployment hearing.

I am currently appealing to collect unemployment benefits. My employer states I quit, while I maintain I was fired. I believe the facts are on my side to confirm I was fired, but my employer plans to use as exhibits in our hearing with an adjudicator (tomorrow morning) screencaptures from a blog I write - which has a link to an ebay store where I sell flea market finds.

Does selling on ebay prohibit me from collecting unemployment? If I maintain this 'project' as a 'hobby' and I spend about 5 hours a week on it, does that constitute being self-employed? In North Carolina, can you do work on the side, of this nature, to help bring some money in while I am actively job hunting?

What are the laws regarding starting your own business while collecting unemployment?

I'd appreciate any advice -- again my hearing is tomorrow. I was just alerted that my former employee plans to use the ebay store as evidence against me about 1 hour ago, as she was required to send any evidence to me as well as the adjudicator.

Hi Jamie,

What, she's going to try to use that as an exhibit to prove you aren't able and available or that you are self-employed?

Having a side business is not disqualifying in itself. What is disqualifying is not being able and available for work .. and not reporting earnings.

What's the listed issue on the hearing notice?

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Sep 28, 2009
Selling on eBay as "employment"
by: Anonymous

Hi Jamie,

Would you mind providing an update to your situation as it relates to eBay? Did your eBay store disqualify you from receiving unemployment benefits?

Jul 16, 2009
follow up
by: jamie

the hearing issue is whether I:

- left work w/o good cause attributable to employer

- was discharged for misconduct or substantial fault connected with work

I stepped away from a heated discussion -- as I was walking out, my key to the bldg was taken, and the door was locked behind me.

I was later emailed and told not to return.

My employer's lawyer sent me the 'exhibits' they will be referring to during tomorrow hearings this morning.

Included were screenshots of an ebay store I have about 10 items listed on.

I do not know if she will claim I have found employment elsewhere, or what...


Unless those screenshots have relevance to the reason you are no longer employed .. object to the relevance.

I can't remember NC hearing instruction .. check to see if it says anything about the hearing officers ability to add an issue. You might also check the NC administrative rules and procedures in the statutes.

I would consider objecting because the screenshots if they have nothing to do with that heated argument would be relevant only to an A&A issue .. which isn't listed.

You'll have to let me know how this comes out..

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