In Georgia, misconduct includes coming to work intoxicated, continuing absences from work after a written warning, and other intentional violations of workplace policies. You will generally not be found guilty of misconduct if you were simply a poor fit or lacked the skills to do your job well. To receive benefits, you must look for new work and accept a suitable job if you are offered one.
See Collecting Unemployment Benefits in Georgia for more information on these eligibility requirements. It's not always worthwhile to appeal a denial of unemployment benefits. For example, if you clearly don't meet the earnings requirements, there's no point in wasting your time on an appeal.
If, however, it's a close case as to whether you were fired for misconduct, filing an appeal might be a good idea. You must file your appeal within 15 days of the mailing date on the determination letter.
The determination letter will give you further instructions on how to file your appeal, including the proper mailing address and fax number. When you file your appeal, make sure to briefly explain why you believe you should receive benefits.
For example, if the decision letter states that you were denied benefits because you were fired from your last job for misconduct, you might state, "I was laid off along with the rest of my department when the company outsourced our jobs. Throughout the appeal process, you should file weekly claims for unemployment benefits, look for work, and keep records of your job search, just as you would if your application for benefits had been granted.
This may seem like a waste of time, but it's not. If you win your appeal, you will be entitled to benefits retroactively from when your application should have been accepted — but only if you've been following the usual rules to receive benefits.
The Appeals Tribunal will send you a hearing notice, explaining when and where the hearing will take place. Most hearings are held over the phone, but the Tribunal may decide to hold an in-person hearing in certain circumstances. At the hearing, the administrative hearing officer will ask questions, review documents, and make a decision on your appeal. Your employer will likely also attend the hearing and may be represented by an attorney.
You may hire an attorney to represent you, too. You should be prepared to present all of the evidence showing that you should have received unemployment benefits.
If there is a dispute over why you were fired, for example, you should submit any documents you have showing that you were not fired for misconduct, such as a separation notice indicating you are being laid off for lack of work.
You may also want to present witnesses who can support your side of the story, such as a coworker who was laid off at the same time and was given the same information as you. The hearing notice will explain how to present copies of your documents to the hearing officer.
During the hearing, make sure you are available on time, with your documents and any witnesses you want to present. Make sure to answer all of the hearing officer's questions thoughtfully and carefully. You have the right to question your employer's witnesses, and your employer or its representative has the right to question you and your witnesses. Once all the evidence has been heard, you'll have a chance to make a closing argument. Have your witnesses ready.
If you need someone to testify, be sure to ask them ahead of time if possible , and to inform them of the time of the hearing. If it is an in-person hearing, it is preferable that they be at the hearing site. If it is a telephone hearing, they can testify by phone. If you contact the Appeals Tribunal, they can provide you with a subpoena.
Be Courteous And Professional. If your employer is fighting your benefits, you may feel anger and resentment toward them.
However, your unemployment hearing is not the time to show that anger. The hearing officer will not appreciate a claimant who is angry, bitter, rude, or accusing at his or her hearing. The hearing officer will appreciate if you are courteous, professional, and respectful. We have seen far too many people lose a hearing because they had an angry blow-up or said something nasty during a hearing.
This is honestly the best tip we can give. An experienced unemployment attorney understands the rules of evidence, understands the burdens of proof, understands how to question you, understands how to cross-examine the employer, and overall is in the best position to fight for your benefits. If you want to increase your chances of getting unemployment insurance, call the professional help that guides you on dealing with it and what paperwork is necessary while filing your appeal and support at each appeal step.
Here is a sample appeal letter that helps you to write the details of your unemployment benefits:. I believe that my unemployment benefit is unfairly denied, and I wish to appeal the hearing. The company I work for stated that there is no sufficient work for me as they lose their big client and my position is being removed.
Now I know that they appoint someone in my position, and that person is the niece of their law partner.
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