Can My Employer Deny Me Unemployment Benefits?

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Can My Employer Deny Me Unemployment Benefits?

Person handing unemployment documents

Facing unemployment can be difficult for anyone with financial obligations. Thankfully, unemployment benefits are available under certain circumstances for people who are in between jobs. If you have been recently laid off, you might be wondering how to secure benefits in Georgia. To learn if your employer can deny you unemployment benefits, read on or contact an Atlanta Employee Rights Attorney today!

HOW DO I QUALIFY FOR UNEMPLOYMENT BENEFITS?

Not all unemployed people can qualify for unemployment benefits. In Georgia, you must meet the following requirements to be eligible:

  • You must be a US Citizen
  • You must be completely separated from your job or have an extreme reduction in hours
  • If completely separated, you were laid off, not fired or quit
  • If working part-time temporarily, you earn less than what your weekly benefit amount would be
  • You must show proof of actively seeking employment
  • You must have earned wages in at least six months of your base period

If you meet these requirements, you should be able to lawfully receive benefits by filing a Georgia unemployment application with the Department of Labor and enrolling with the DOL Employment Services to receive benefits.

WHAT ARE THE REASONS MY EMPLOYER CAN DENY ME UNEMPLOYMENT BENEFITS?

There are many possible reasons that you can be denied benefits. The most common reasons are:

  • You are not actively seeking a job
  • You are not certifying and claiming your weeks on time
  • You are unable to look for work due to circumstances like illness, transportation, childcare, etc.
  • You turned down a job you were qualified for
  • You started school so your case is being reviewed to see if you still qualify
  • You earned money during a claimed week (you can still get partial benefits if the amount you earned is less than your benefits)

If you were denied and can’t figure out the reason, you may have been wrongfully denied unemployment benefits by your employer.

WHAT SHOULD I DO IF MY UNEMPLOYMENT CLAIM IS DENIED?

Most people are denied for lawful reasons, but this is not always the case. If you were denied unemployment benefits, you likely received a Notice of Determination explaining why you were denied. If you didn’t receive a notice or if the notice is incorrect, you may have been wrongfully denied benefits by your employer. You should contact the state’s Department of Labor first to figure out why you were denied.

If you were wrongfully denied unemployment benefits, we are here to fight for you! Contact Ben Barrett Law today for quality legal counseling from a trusted and highly experienced Employment Law Attorney today!

Our Philosophy

Our firm hand-selects challenging, complex cases that other attorneys won’t touch so we can deliver the highly-personalized attention your case deserves. From consultation to trial, we advocate for employees’ rights, every step of the way.

Our Principle

We base our practice on the principles of service and care. We take the time to truly know each and every client, and we put all of our energy into obtaining the best outcome possible, time and time again.

Our Definition Of Success

We will prosecute your case to the fullest extent possible. If you’ve been wronged by an employer in Georgia, you can count on Ben Barrett Law to fight for you.

 
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