Legal Question in Employment Law in Georgia
I was discharged because I did not return to work after giving birth to my daughter who was born 14 weeks early. My company does not have a FMLA policy because we are not staffed with over 50 participants. I did not receive a warning only a termination - I was denied unemployment benefits. Should I appeal the unemployment decision since the termination letter indicated that I had "exhausted my leave"? Should I get an attorney to fight this case?
2 Answers from Attorneys
Whether to appeal the decision is your choice - we don't know all the facts. It does not hurt to appeal in the internal procedures since you can do that yourself and have a hearing officer hear both sides. Otherwise, an appeal to the court takes time and most likely a lawyer. Paying a lawyer will cost a significant amount of money, and even if you win you have to pay the lawyer.
If you were terminated for missing work due to medical reasons and you complied with your employer's notice procedures, you should be entitled to unemployment. You have a short deadline to appeal the initial denial. I would highly recommend that you appeal and that you retain an attorney to assist you, if you can afford to do so. If you would like to discuss this further, please give me a call at (770) 807-0083.
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