Employment Law: We are a small biz firm in Atlanta, GA. We hired someone who, based on his resume, all the interviews & his reference appeared to be able to do the job he was hired for. After a year & a half he could not successfully perform his job. Though GA is a right to work state, every effort was made to allow him success. His job duties were changed & minimalized to ensure less mistakes etc. We are an international pharmaceutical company- compliance & attention to detail are key. There were at least 3 write ups/performance reviews done because of repeated mistakes. All of which he read & signed. He was let go in Nov 2012 with a severance package & a signed agreement that the severance package would be in leu of any claim. Well in March he filed unemployment. All docs were provided to GA dept of Labor. But his claimed was approved. The explanation was basically that an employee can draw unemployment benefits if they are unable to do their job. But our reason isn't sufficient. This is crazy to us. Our interpretation is basically once we hire someone (assuming all resume info, info provided at interview & reference verifications are true) it's the company's fault for hiring an employee that cannot do the job they were hire to. Again, crazy..My question is on what grounds do we appeal? I'm not sure which way to attack this with the explanation the GA Dept of Labor provided.
1 Answer from Attorneys
Your basis for not having to pay unemployment is that he was fired for cause. Keep in mind that the State has a biased interest in awarding unemployment claims to continue funding.