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Question

Received letter from GA Dept of Labor claims examiners indicating I am not eligible to receive employment insurance (UI), “citing I am currently employed”. Presently, I’m a contractor and work on an "as needed basis or intermittently". I have not worked since 10/31/08 and have continued to certify each week for Unemployment insurance. However, I have not received UI, nor earned wages since the said time. My questions are as follows:

1.     What are my rights?
2.     I’m in the process of writing my appeal, should my appeal list the reason(s) I disagree with the decision? If no, what should I state?
3.     Should I go to the local unemployment office to obtain a copy of my case file?
4.     Should I contact the employer to discuss this matter and or should I cease all communication until such time as the hearing?

Submitted: 362 days and 16 hours ago.
Category: Employment Law
Value: $15
Status: AWAITING CUSTOMER ACTION
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Accepted Answer

If you are only working intermittently during a time of unemployment, then they are entitled to deduct the amounts you make when you work from your unemployment benefit for the weeks where you perform work. You need to appeal the decision and provide proof that you do not have continuous full time employment and at the very most they should adjust your benefit based upon the intermittent part time employment. You should get a copy of your unemployment file so you know specifically why they are saying you are denied and any evidence they have so that you can dispute it. You should also contact the employer and get something from them showing you are not a full time employer and only an intermittent contract worker.


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Expert: PaulMJD
Pos. Feedback: 99.5 %
Accepts: 
Answered: 11/25/2008

Attorney

20+ Years of Employment Law Experience

317 days and 9 hours ago.

Reply

Received notice of telephonic hearing scheduled 11/20/08. I've since gathered timesheets and letter from my employer (see below).

 

To whom it may concern:

This letter is in regards to Sharon Gibson. Sharon was an employee at Zerochoas from 11/10/07 through 10/31/08. Please fell free to contact me with any question at XXX-XXX-XXXX. The letter goes on to list all of the persons information.

 

My questions to you are as follow:

 

  1. Do you feel the above letter is sufficient to support my claim of being unemployed?
  2. Are you able to provide a template and/or a format in which I should use to submitted the data to DOL?
  3. Read Geogia code § 34-8-195(c) (see below): Does this code apply to my situation as I thinking about citing it. Additionally, I am still a contractor and again work as needed. With that said, am I ok in citing the since I work intermittently. I am asking because it reads as if I should terminate contract.

(c) An individual shall not be deemed to be unemployed in any week such individual refuses an intermittent or temporary assignment without good cause when the assignment offered is comparable to previous work or assignments performed by the individual or meets the conditions of employment previously agreed to between the individual and the employer. Such individual may be considered unemployed with respect to any week an assignment or work is not offered by the employer; provided, however, an employee of a temporary help contracting firm, an employee leasing company, or a professional employer organization as defined in Code Section 34-7-6 will be presumed to have voluntarily left employment without good cause if the employee does not contact the temporary help contracting firm, employee leasing company, or professional employer organization for reassignment upon completion of an assignment; provided, further, that such failure to contact the temporary help contracting firm, employee leasing company, or professional employer organization will not be considered a voluntary departure from employment unless the employee has been advised in writing of the obligation to contact such employer upon completion of assignments and has been advised in writing that unemployment benefits may be denied for failure to do so.

 

 

Please help.

 

Thanks

Accepted Answer

I believe tha tthe GA code you have cited does apply to your situation, especially since you are not terminating any contracts, you are just not working regularly and are not turning down empoyment.

The letter you have is a bit lacking because it needs to explain that you were a temporary contract worker for them and not employed on a regular basis and have not quit any employment with them. This would help you better satisfy the requirements under the GA statute.

As far as drafting the letter for you, we are not able to do so through the terms of this service. However, as a suggestion: A chronological explanation of the facts of your situation leading up to this, then citing the law, then explaining what your letter and time sheets show (intermittent employment) to support your contention that you fall within the law. Finally, restate in a conclusion that you have proven intermittent employment which has not been turned down or quit through any fault of your own and that you are in compliance with the requirements of the law and are entitled to collect your benefits in weeks when you do not have intermittent work.

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Expert: PaulMJD
Pos. Feedback: 99.5 %
Accepts: 
Answered: 1/9/2009

Attorney

20+ Years of Employment Law Experience

317 days and 9 hours ago.

Reply

Thanks, you have been a great help and asset. I keep you posted regarding the outcome.

Posted by PaulMJD 317 days and 9 hours ago.

Answer

Great. Thank you. Have you looked for an attorney to assist you in pursing the appeal, since you could also recover attorney's fees as part of your recovery of benefits?

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