How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask LawTalk Your Own Question
LawTalk
LawTalk, Attorney
Category: Employment Law
Satisfied Customers: 37818
Experience:  30+ years legal experience and I keep current in Employment Law through regular continuing education.
15277592
Type Your Employment Law Question Here...
LawTalk is online now
A new question is answered every 9 seconds

I am a disabled veteran who receives 50% disability for

Customer Question

Hello, I am a disabled veteran who receives 50% disability for ptsd. I was fired from my job almost 2 months ago due to an altercation. I tried to apply for unemployment benefits and was denies because it was my fault, losing my job.
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Georgia
JA: Has anything been filed or reported?
Customer: For my job or unemployment?
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 2 months ago.
Category: Employment Law
Expert:  LawTalk replied 2 months ago.

Good afternoon,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today. I have been a licensed attorney for more than 3 decades and I handle employment law. I am also licnesed in the state of GA.

First of all, from one veteran to another then you for your service to our country!

In order to give you a clear and concise answer, I will need some additional information about the circumstances, please.

1. What do you need to know?

Doug

Customer: replied 2 months ago.
Thank you for your service as well! I would like to know if I havery a case against my forerunner employer. It was an altercation that was started by the other employee, and I felt like I was defending myself. Second, I would like to know if I can still qualify for unemployment benefits, while I'm searching for a job.
Expert:  LawTalk replied 2 months ago.

Hi,

Because you did not have a contract guaranteeing you the right to a job with that employer, they were legally able to let you go for any reason, so long as that reason did not involve illegal discrimination against you----which it seemingly did not. Even though you may have been defending yourself, the employer had the legal right to terminate you for cause---which would simply be fighting on the job site.

Unless you could somehow prove that you did not violate any rule of the employer, which would presumably require that you prove that you engaged only in self-defense which was absolutely necessary to prevent bodily injury to yourself----which is going to be a very difficult thing to prove without at least having several witnesses prepared to testify on your behalf, then you are not going to be able to obtain unemployment benefits.

If you want to tilt at this windmill with unemployment I must strongly urge you to hire a local employment law attorney because this may well end up in the court system---as I suspect you will lose at all levels of the unemployment appeals system. I guess what I am telling you is that your chances of success are slim, and if it were me, I would not waste the time and money fighting over the benefits.

I understand that you may be disappointed by the Answer you received, as it was not particularly favorable to your situation. Had I been able to provide an Answer which might have given you a successful legal outcome, it would have been my pleasure to do so.

If you have additional questions, you may of course reply back to me and I will be happy to continue to assist you further until your questions have been answered to your satisfaction.

Would you please take a moment to positively rate my service to you based on the understanding of the law I provided by clicking on the rating stars---preferably 5-Stars. It is that easy. That is the way I am compensated for having helped you.

Thank you in advance. I wish you the best in your future,

Doug

Expert:  LawTalk replied 2 months ago.

Good afternoon,

Is there anything else I can assist you with today? It is possible that your questions and issues might be better served by an in-depth conversation with me. If you are interested, for a very nominal charge I can offer you a private phone conference.

Please know that I answered your question in good faith, providing you with the information that you asked for, and I did that with the expectation that you would act likewise and rate my service to you. If I have already provided you with the information you asked for and you have no additional questions, would you please now rate my service to you by clicking on the rating stars so that I can be compensated for assisting you? Rating me costs you nothing as you have already paid the deposit for my help. All rating does is ensure that I am paid for my time in working with you.

Thanks in advance for your rating of my service. It is greatly appreciated.

I wish you the best in 2017,

Doug