Legal Question in Employment Law in Georgia

I have a question I have worked at a company for the last year and a half. I just quit my job and I filed for unemployment and was denied. They stated there was not a change in my work enviroment. My question is when I was hired I made over 600 to 700 dollars a week. When I quit I was making 100 to 190 dollar checks. I had to be on call 40 hours a week with no work and couldnt look for another job. In addition I had to go do work without being paid for it and they called it warrenty work which it was not. I could not pay my rent and my family and I was evicted from our home. This has been going on since June I even have a email from the owner of the company from June stating that he was informed about my 260 dollar check and I need a minimum of 500 a week to survive this is word for word. I lost almost all of my pay and I stayed from June to October in hopes that it would improve. I was promised by the company that things would get better and it just got worse mixed in with those 100 dollar check I recieved a few 45.00 checks. I have printed out all my direct deposits and there is a definite pattern to a massive decrease in pay. What can I do to get unemployment? Is this a lost cause? I am really nervous because I thought it was a good case. I just do not understand I have almost lost everything. We lost our house and have had to borrow money the last several months just to pay the basic bills this should not be the case when one works 40 to 50 hours a week. Clueless in Metter Ga.


Asked on 11/26/10, 7:03 pm

3 Answers from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

You don't get unemployment when you quit.

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Answered on 12/01/10, 7:06 pm
Gregory Fidlon Law Offices of Gregory R. Fidlon, P.C.

I must respectfully disagree with the last post. Pursuant to O.C.G.A. 300-2-9-.05, an employee may qualify for unemployment benefits if he/she quits because "the employer had changed the terms and conditions of work in a manner that the employee, applying the judgment of a reasonable person, would not be expected to continue that employment." Factors considered in making this determination may include "a substantial reduction [in pay] below a reasonable rate for that industry or trade. However, a seasonal or temporary reduction in pay or work hours does not constitute good cause for quitting." After receiving an initial disqualification notice, the employee has 15 days to appeal and request a hearing. At the hearing, the employee will be permitted to have an attorney and to argue to the hearing officer that it was reasonable for the employee to quit because his pay was reduced below a reasonable rate for that job. If you do appeal, I would recommend that you retain an attorney, such as myself, who is experienced at handling unemployment appeals.

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Answered on 12/01/10, 8:02 pm
Scott Riddle Law Office of Scott B. Riddle, LLC

With all the detail you provide about your checks, you don't even provide the basic info of the nature of your job. You can appeal, and you do not need a lawyer to sit and tell the representative your story. They may or may not agree with you. It is not the case that a person can quit a job merely because their pay went down. People are expected to work and make an income, perhaps while looking for a new job, rather than not work at all and get unemployment. That may be part time work. Again, no one here knows the details about your job you left out. Go to the appeal and tell your side.

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Answered on 12/02/10, 4:10 am


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