Laid-off Workers

• Laid-off workers often have good claims for unemployment benefits if termination occurred due to events outside of their control. According to the Georgia Legal Services Program, workers are often eligible for unemployment benefits if their employers implemented layoffs due to downsizing, lack of work or closure of the entire business. Each worker must submit a benefits claim through the Georgia Department of Labor to determine eligibility.
  
  

Fired Workers

• Georgia law allows most employers to practice at-will termination. Private employers may fire workers for any reason, unless the reason is discriminatory. Government employers and companies with union workers, however, must follow the Georgia labor laws establishing additional protections before they can fire those workers. Fired workers may encounter more difficulties when they file their claims for unemployment benefits with the Georgia Department of Labor. A worker usually can't receive unemployment benefits if his employer fired him for "good cause," which usually means that the worker engaged in misconduct on the job or broke rules set by his employer. The worker should still submit a claim for benefits, however, because it may be possible to show that the employer didn't have good cause to fire the worker and the worker won't know how the Georgia Department of Labor will treat the claim until the agency makes a decision. The employer has the burden of proof to show good cause for the termination.
  
  

Exceptions Applicable to Fired Workers

• A fired employee may still be eligible for unemployment benefits if he meets certain criteria under Georgia law. According to the Georgia Legal Services Program, a fired worker can receive benefits if the employer terminated him due to personal preferences or a supervisor believed that he didn't do an adequate job with his work. The worker may be eligible for benefits as long as he gave a good-faith effort in completing job duties and didn't intentionally neglect work. In addition, a worker might still qualify for benefits if the employer fired him for absenteeism but the worker's illness or a family member's illness caused those absences.
  
  

Appeal Process

• If a laid-off or fired worker receives a denial to his claim for unemployment benefits, Georgia's labor laws confer a right to file an appeal within a period of time specified by the agency. The appeal will lead to a hearing with the Georgia Department of Labor. If the termination served as the reason for the denial, the worker's employer may also have an opportunity to submit an appeal or additional information. Before filing an appeal, a worker might benefit from speaking with a Georgia attorney who helps clients through the appeal process.