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Can I win my unemployment appeal?

Atlanta, GA |

I was fired from my job at the end of February. I had been written up in September and placed on final warning in November for making mistakes. I never received official training and I had to teach myself the job. My unemployment was denied because it stated I refused to follow instructions from my employer. My employer didn't contest the claim or respond to UI. Their decision was based on my statements about the write ups. Can I appeal based on the fact that I tried yo do the job to the best of my ability and this was a performance issue and not misconduct? I didn't purposefully not do my job.
Also, the manager who started the write ups was supposed to meet with me monthly as directed by HR which he failed to do. He left the company at the end of January for another position.

Attorney Answers 2


Based on your post, that sounds like a coherent argument. Failure to meet an employer's expectations is not misconduct. What did the termination letter say, if anything?

What do have to lose by appealing? Good luck!

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The termination letter only said dismissal.

Jonathan R. Miller

Jonathan R. Miller


That seems to be helpful, because it suggest that you were terminated because the employer was unhappy with your performance, not supposed misconduct.


In Georgia, if an employer terminates an employee "for cause", the Department of Labor will evaluate the following factors in order to determine whether to award unemployment benefits:

1) The manner in which the rules, order, instructions or duties were made known to the employee, including, but not limited to: whether the rules were posted or otherwise published prior to the incident that lead to the termination;
2) Whether a violation of the rules, order, instructions or duties actually occurred;
3) Whether the employee failed to discharge the duties for which she was employed;
4) Whether the violation or the failure to discharge duties was a result of the employee's fault, intentional conduct, conscious neglect, or misconduct;
5) The extent of the infraction; and,
6) The impact of the infraction on the business' operation.

Based on the scenario you describe, you may want to consider explaining to the Dept. of Labor that 1) the employer agreed not to contest your unemployment benefits; 2) Even if you did not properly discharge your duties, your misconduct was unintentional.

Ultimately, the best thing for your to do is to contact an Atlanta unemployment benefits attorney.

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