Legal Question in Employment Law in Georgia

I worked for security company in Atlanta, GA for three years. On October 4th, 2010 I was arrested and incarcerated on a misdemeanor ticket that had aged. On the 6th my son visited me and I'd asked him to call my supervisor and let him know what had happened, The handbook had stated that a supervisor had to be notified at least two hours before the beginning of a shift in the event of a call off. My son made the call around 6:00pm on Wednesday, my shift began at 23:00. I was held for 30 days and while there the supervisor was updated as I got information from the court and officers on duty. After my release I was told that the position had been filled. A week later I applied for unemployment Insurance and was denied benefits. I appealed the decision and was denied a second time and received a letter stating that the decision was based on o.c.g.a section 34 - 8 - 194 (2)(A). I'm making my final appeal with the belief that o.c.g.a section 34 - 8 194 (2)(B) is the correct section for my situation. My supervisor was regularly updated thus meeting the "good faith effort" as required in (2)(B) (i) and there was no "intentional failure" or "conscious neglect" of duty. I've been without income for two months now. What recouse do I have.


Asked on 1/03/11, 10:01 pm

1 Answer from Attorneys
Scott Riddle Law Office of Scott B. Riddle, LLC

You can appeal to the Court, which you probably already know. That takes time and money, and a lawyer if you want to do it correctly. That means if you win benefits, a significant part will go to pay the lawyer. A review here, based on a few sentence of one side, with no docs from the hearing officer, won't help. I will add that if you are thinking that going to jail for 30 days, is equivalent to being unable to work because of an illness of you or your family, it is not. An illness is generally something that comes along without the fault of the person.

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Answered on 1/09/11, 4:59 am


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