Denial of Unemployment Insurance in Georgia
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Denied unemployment benefits in Georgia are part and parcel of the unemployment insurance benefits program run by the Georgia Department of Labor (GDOL). After submitting a claim, applicants receive their determination letter notifying them of their benefits award. If a claimant has been denied unemployment, then he or she will receive notification. Workers can find their unemployment compensation benefits denied for a variety of reasons, but there are some that are more common than others. However, an unemployment denial appeal in Georgia is still an option for applicants who feel they have a solid case to plea for reconsideration. To learn more about why Georgia unemployment benefits denied an applicant his or her request and what process to follow afterward, read the sections below.
Reasons for a Denial of Unemployment Insurance Benefits in Georgia
Among the most common reasons for having unemployment benefits denied in Georgia is a failure to meet the state’s requirements for earning. Georgia’s laws require an individual applying for unemployment benefits to earn a minimum amount of money from his or her employer during his or her base period. Denied unemployment benefits can occur if this minimum earnings threshold is not met during the employee’s base period. Denied unemployment in Georgia also occurs commonly when an employee voluntarily leaves his or her place of employment. The GDOL will not deny UI benefits to those who find themselves displaced through circumstances beyond their control. A denial of unemployment benefits is likely should an employee voluntarily quit his or her job absent of good cause. Georgia does not typically recognize personal reasons for quitting a job. Denials of GA unemployment insurance may be avoided if an employee leaves due to changes in his or her working conditions, a change in his or her employment agreement or if his or her place of employment fails to compensate him or her for work. Find more information about unemployment benefit denials by downloading our comprehensive guide.
Unemployment compensation benefits denied by the GDOL also typically occur when workers finds themselves terminated for misconduct. Georgia denies eligibility for UI benefits for terminations due to misconduct, such as arriving to work intoxicated, habitual tardiness, for which employees receive written reprimands, or blatant disregard for workplace policies, including harassment, theft and other abusive behavior. Individuals usually will not be denied unemployment compensation for being terminated as a result of lacking the proper skills to do the job or not being well suited to the company’s needs.
Unemployment compensation benefit denials are also issued when you refuse an opportunity for suitable employment. You must not only look for a job to receive benefits, but you must accept any job as well. If Georgia unemployment benefits denied your application, then it is likely you failed to meet both criteria. If you are wondering, “What can I do if unemployment denied me benefits?” then you should know there is an appeals process in place to help individuals who find themselves in such a situation.
What Can I Do If Georgia Unemployment Is Denied?
Unemployment compensation benefits denied in Georgia arrive in the form of a letter. An unemployment denial appeal is the best course of action if you find you disagree with the decision on your case. Both awards and denials of unemployment compensation benefits are subject to appeal by employers as well as employees. To find out more about the appeals process for denied benefits and how both parties can plea, download our complete guide.
Two Levels of Appeals
Denied unemployment in GA is subject to a two-tiered appeals process. The first level of an unemployment denial appeal is called the Appeals Tribunal. The Appeals Tribunal is a department of the GDOL comprised of representatives who function expressly for the purpose of listening to appeals and deciding their outcome. When appealing denied unemployment compensation claims, be sure to notify the Appeals Tribunal of any dates for which you may be unavailable or any other pertinent scheduling details. Appeals for denied UI claims may take place on the phone, in person or in a combination of the two. To learn how an unemployment denial appeal works, it should be noted that it relies on a variety of factors, such as the following:
- Where the parties involved in the claim are located
- The level of complexity
- Timely adjudication, as statutory guidelines regarding how soon they must be resolved can affect how the appeal takes place.
- Conditions of good cause, such as physical impediments or language barriers.
Claimants wishing to submit a GA unemployment denial appeal in person may do so by informing the Appeals Tribunal by regular mail, email or fax. A denied benefits appeal is typically resolved as soon as possible. Parties receive a written decision, including the parts of law involved, as well as what they found relevant to the case. Should a claimant disagree with the results of the UI benefits appeal, he or she may appeal the decision to the second level for appeals of unemployment benefits called the Board of Review. They must do so within 15 days of receipt of the decision.
Denied unemployment appeals reaching the Board of Review are adjudicated by a panel of three members appointed by the governor of Georgia. Either side of an appeal for denied UI claims in Georgia may take their case to the Board of Review, which may overturn the Appeals Tribunal, alter their decision or uphold it. Appeals for denied unemployment benefits in Georgia should be submitted directly and in writing.