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under what circumstances can an employer deny a former employee from receiving unemployment benfits?
Macon, GA
Viewed 91 times.
Posted 6 months ago in Employment / Labor
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An employee was terminated for "cause". Every employee terminated in the past five years for "cause", has been denied unemployment benefits upon applying for them.
Management in this Company deny every claim filed demanding that a hearing be held before the labor commission. Their position is that a former employee is unemployed, cannot afford to hire legal counsel to challenge the Company, and in all cases, does not follow up on the denial, especially once they have found another job. - Is this your question? Add additional information Answers (1)
Greg Fidlon
This attorney is licensed in Georgia and 1 other state.
Posted 6 months ago.
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To deny unemployment under these circumstances, the employer has to show that the employee was terminated "for failure to obey orders, rules, or instructions or for failure to discharge the duties for which the individual was employed." In the initial determination, the claims examiner will often simply accept the employer's written explanation for the discharge. Then, if the employee appeals, he/she will have a hearing and be able to present evidence and testimony to refute the employer's version of the facts. As you know, employees have the right to have an attorney represent them at these hearings. If you are interested in appealing an adverse decision by the Department of Labor, you may want to consult with an attorney specializing in employment law. I would be happy to offer you a free phone consultation. If you are interested, please contact me using the information in my profile below.
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