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Employer claim that i abandoned my post for UI benefits Georgia

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  • Employer claim that i abandoned my post for UI benefits Georgia

    Dear friends at the forum. I was recently discharged from my job of 3 years as a dental assistant. In my separation notice it indicated “NOT A GOOD FIT"; verbally I was told that “I will never get along with the dentist I worked “. After I filed for unemployment insurance benefits and was denied the benefit as per employer statement on the notice of claim filing and request for separation information. The claims examiner determination states that disqualification is based on OCGA Section 34-8-194(2)(A) “failure to obey orders, rules, or instructions or for failure to discharge the duties for which employed” also section states :
    “The burden of proof shall be on the employer and the presumption shall be with the employee”.
    The statement that summarize the employer decision on examiners determination estates “you were fired for not following rules, orders, or the instructions of your employer when you left your post in the middle of a root canal. You were responsible for working under these guidelines. The facts show you were aware of your employer’s requirements and failed to follow them. Therefore, you cannot be paid unemployment benefits.”

    I have appealed the decision as the statement is not true. I advised my employer earlier in the day that I must leave at 1:00 PM which is or usual departure time on Fridays ( I had a Dr’s appointment scheduled prior to this date). based on my usual schedule. I’m considered exempt or salaried. On the day of the incident the procedure being performed on the patient was not a root canal, was a cleaning and it was on its final stage. I advised the dentist that I needed to leave however did not mention at any time as to why due to regular schedule. The Dr advised that it was OK as long as I get somebody to help. However he did make facial gestures of discontent, I got him somebody to help him and proceeded to talk with office manager to complaint about the facial gesture in which I discussed the arrangement made when I was moved from hourly to salary as i considered his discontent unfair. the office manager explained that i was salary. on a previous ocassion office manager explained that my salary will be based on 37 hours a week. I usually worked more than that on average 38 to 39 hours a week so I was following orders and not being unreasonable. After this discussion in which arguments were sated and we did not agree to a solution, other than I can go home, and she will discuss the issue with the dentist later.
    My question for purposes of my hearing is what is defined as abandoning my post? I do not consider abandoning my post on a cleaning when I have asked the doctor and got approve as long as i provided a replacement which i did and is acknowledged on office manager statement to DOL; furthermore getting permission to leave from office manager after discussing the issue. At no time I was told that I could not leave; in which case I would have stayed even that I would miss my appointment.

    Your help will be greatly appreciated.
    Best Regards

  • #2
    What is important is whether the person making the unemployment ins. benefits decision determines whether this qualifies as abandoning your post or not.

    During the hearing, try to stay calm & just tell the truth of the situation.
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

    Live in peace with animals. Animals bring love to our hearts and warmth to our souls.


    • #3
      Thanks for your help Betty. If you were on the employer side and you have no documents that prove that i was informed of this rule which is my case. and you are stating a procedure being done to the patient that was more involved (exagerating the statement and claim that other employees stay later although they arrive the office later than me. What else would you do to prove your case, as it looks that employer wants to harm me as much as possible, as i do not see the financial gain on this?



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