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I filed for unemployment and it was denied because

Norcross, GA |

the claims examiner said" the I was fired because I did not meet the standard of conduct my employer has the right to expect by being dishonest regarding reason for my absence."
I want to appeal this because when I was hired I had told my employer before I started the job that I had to have oral surgery and that I could start after that was completed and they said that it was no problem and allowed me the time off. They allowed me to work 3 weeks after the surgery then let me go only after someone took my things from my desk and I started looking for them around the office. I also have doctors notes and the dentist will back me up 100% that I was there that day. Is this enough to appeal to the courts since this was the reason I was let go?

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Attorney answers 2


It sounds like enough to me but I am not in Georgia. That being said, I would want to know how long you had the job, whether there was any written contract, whether or not there were written rules regarding time off, absences, illnesses, personal days. There may be other factors involved in your firing that contributed to the decision by your boss. Keep in mind that unemployment compensation claims look back at past employment and former employers might have to contribute to your compensation. If you ever collected before or made a claim before, should be disclosed. You should get legal advice from an employment lawyer in your area.

This answer is not intended to be legal advice in a lawyer/client relationship. Misunderstanding of the answer or use of the answer for any illegal purpose is not the responsibility of the writer. The answer to any question in the Avvo website is constrained by the limited content of the question, an incomplete description of the facts underlying the question or a wrongful motivation for the question.


You should probably appeal. Assuming there are no other events that factored into your termination, it doesn't sound like there will be enough evidence to support the employer's justification for terminating you. It also sounds like you will be able to rebut any evidence that is presented. Also, while not required, you may want to retain the services of a lawyer to guide you through the process and to represent you at the hearing.

William J. Smith
P.O. Box 468328
Atlanta, GA 31146
T: 678.691.5676
F: 770.674.1122

Business. Consumer Protection. Employment. False Claims. Landlord-Tenant. Wrongful Foreclosure.

Nothing herein should be relied upon as legal advice.

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