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Hello and thanks so much for choosing this forum to pose your important legal question. I will do my best to give you some honest and accurate guidance as I answer your question.

 

1. I am a licensed attorney with labor and employment law experience. I will be glad to try and answer your question. I hope that the following information will be helpful to you, but please just write back if you have any follow-up questions or need clarification on anything after reviewing the following information. I would be glad to interact with you further if needed after you click "Accept" to process my answer. I am sorry for the circumstances, but I commend you for being concerned. Your sister is fortunate to have you in her corner.
2. In Georgia, employers pay the entire cost of unemployment insurance benefits. Contributory employers pay taxes at a specified rate on a quarterly basis. Governmental and nonprofit organizations may elect the contributory method or may choose to reimburse the department for benefits paid to former employees. Either way, whether this employer elected the contributory method or the reimbursement method, the bottom line is that liability for unemployment insurance benefits can indeed be imposed. Under Georgia law, employers meeting any of the following criteria are generally liable and must submit an application DOL-1A and file quarterly reports: a) employers with a quarterly payroll of $1500 or at least one worker in 20 different calendar weeks during a calendar year; or b) agricultural employers with at least $20,000 in gross payroll for a calendar quarter or with 10 or more workers on any day during 20 different weeks in a calendar year; or c) domestic employers with a payroll of at least $1,000 in any calendar quarter.
3. It sounds like your sister has already tried to file for claim at a Georgia Department of Labor Career Center. If you are saying that she has received a written denial of benefits, then her next step would be to file a timely appeal. However, if you are saying that the agency did not allow her to even file a claim (based on the non-payment by the former employer), then she is going to need some additional assistance. If that is indeed the case, I would suggest that she contact the office of the Commissioner of Labor directly by e-mail or phone at (XXX) XXX-XXXX, bring the matter of contribution versus reimbursement to their attention, and seek assistance to be able to go ahead and file her claim. Should all of these attempts fail, then unfortunately your sister will need to seek legal representation. At the very least, she should schedule a half-hour initial consultation with a labor and employment attorney. Many will offer such sessions without charge or for a modest fee. A good place to find legal counsel would be to contact her nearest lawyer referral agency.

 

I hope that this information has been helpful to you. If we can be of any further assistance please free to use our service again. Best wishes for a successful outcome.

 

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The information provided is general in nature only and should not be construed as legal advice. By using this forum, you acknowledge that no attorney-client relationship has been created between you and Benjamin M. Burt, Jr., Esq. You should always consult with a lawyer in your state.

Expert:	Benjamin M. Burt, Jr., Esq.
Pos. Feedback:	99.4 %
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Answered:	8/31/2009

Lawyer (JD)

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