Legal Question in Employment Law in Georgia

Am I entitled to unemployment benefits in the state of Georgia if I am terminated while on a medical leave of absence (non FMLA)? My FMLA entitlement expired while out sick yet I was still unable to return to work. My extended medical leave of absence was submitted and accepted by my employer. I was told that my job had been posted. I was not terminated at that time. About six weeks later, upon presenting my release to return to work from my doctor, I was promptly terminated. I filed for unemployment benefits and was approved.

Approximately 2 weeks later, the employer filed an appeal to that decision and I have to attend an in-person hearing. It was a stressful, hostile place to work yet I continued until it literally made me sick.

Per the letter of D.O.L,

Issues to be decided are:

OCGA Section 34-8-194 (2)

OCGA Section 34-8-194 (1)

OCGA Section 34-8-157 (b)

Asked on 9/10/12, 2:33 am

1 Answer from Attorneys

Gregory Fidlon Law Offices of Gregory R. Fidlon, P.C.

It depends what the employer's reason was for terminating your employment. Generally speaking, to deny unemployment in a discharge case, the employer has the burden to prove that the employee intentionally violated a work rule or policy or was insubordinate. It is a good idea to have an attorney represent you for the appeal hearing. If you are interested, I would be happy to offer you a free initial consultation by phone. To request this, please click the link below and complete our initial consultation request form.

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Answered on 9/10/12, 9:19 pm

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