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GA Unemployment Benefits Denied Georgia

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  • GA Unemployment Benefits Denied Georgia

    I was recently fired from my job due to "excessive absences". I filed for unemployment, and was denied. The reasoning behind my denial was:

    "You were fired because of poor overall attendance. Some of your absences were within your control. Your employer warned you your attendance was not acceptable, but you did not improve. When you are absent excessively, you are not performing your job. Therefore, you cannot be paid unemployment benefits."

    My boss refused my doctors excuses stating that he "does not believe in them". Now they are saying my absences were within my control. Do I have any case at all in an unemployment hearing?

    The deadline for filing an appeal is tomorrow...

  • #2
    I would never tell anyone not to appeal. However, a doctor's note, outside of FMLA, has no force in law and your employer is not obligated to excuse any absence with a doctor's note. If you were told that your job was in jeopardy if you continued to be absent, then it doesn't matter if you had a note from the Surgeon General of the United States - your likelihood of prevailing on appeal are slim.

    Unless FMLA is invoked, it is not the reason for the absences that matters - it is the number of them and whether or not you knew that your job was in jeopardy. Illness does not automatically provide protection from termination or guarantee that you will receive UI.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.


    • #3
      Thank you for your speedy response! I'm going to file the appeal and reason that my employer never specifically stated that my job was in jeopardy, he only stated that my attendance needed to improve. As for the doctors excuses, I'll still use that information "just in case it makes a difference to the person hearing the case". Hopefully I can also reason with them that my attendance actually did improve, just not to perfection...

      Many thanks for your help!