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Do we have a chance of appealing this? Any advice on how?

OCGA 34-8-194 (2)(A) My husband was recently terminated from his job and he filed for unemployment and was denied for the reason above.  I have been trying to do some research about this law and it still seems a little bit vague to me, we are going to try to appeal the claim, but I was hoping there would be someone out there who could give us a little advice on how to go about this or frankly if we even have a chance...

I guess a little history is in order to answer this. He was employed at the company for almost a year, and had a good work record with them, no problems with absenteeism, or with his work, he was never written up for anything.  When he was terminated is was due to an issue involving a "batch" he was working with.  The company said that an incorrect chemical had been put in the "batch" it was something that he had made before on several occasions. The mistake was not actually caught until the product had been shipped. As far as he knows he did exactly the same thing with this product that he had done every other time, in accordance with SOP, another supervisor in his department tried to find the chemical drums that went into this particular product to find out if a drum had been mislabeled but they had already been destroyed.  They terminated him for this.  These are the facts as best as I can state them regarding the situation if you have any knowledge pertaining to this kind case or similiar and being denied for unemployment I would appreciate your input and if you have any other questions please feel free to ask.

  


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OCGA 34-8-194 (2)(A)

From my understanding you would ahve very little luck winning this. These are my reasons. You have to look at this from the point of the people working in the unemployment agency. To them they only see the reason your husband was fired on paper (if he was rightfully fired or not thats another question I will address alter) On paper you husband was fired because he failed to follow order under his companies standard operation procedure. Which is a cause for termination. The reason this is there is because people who want to cheat the system to collect unemployment could just come to work and keep making mistakes until they were fired. From the unemployment side they were completly just in there action and likly following there own S.O.P.

Now comes to the point where you may stand a chance. If there is no way to prove your husband did not follow his workplace S.O.P. (ie: cameras, work logs ect.) and he honestly did / does feel he did not make a mistake. You may want to file a civil suit for unlawful termination (firing someone for the wrong reason).

This brings me to an area where what I say may not apply to you (laws very, region to region). In my area Ontario, Canada.

You can file a small claims suit for very little. Prepare your case and bring it to a judge/justice. It is a good option to recoup a few thousand for very little effort / cost.

Another option is taking your case to a lawyer to push for more. (ie: payment for time lost due to the wrongful termination.) So if you were out of work for example for 14 days and you averaged $1000 a day you should try and recoup $14,000. This option will likly yeild you more but will take much longer and cost significantly more. As well if your lawyer can prove wrongful termination then you unemployment insurance that was denied under OCGA 34-8-194 (2)(A) will stand a better chance of being paid to you.

Lastly in your area there may be a employmnet tribunal to appeal the termination to. If you can prove wrongful termination. You may be able to get your job back although if they wanted you fired it may be a bit more hostile workplace than the one you left and they always have the option of laying you off once your back. But if you do get layed off at the end of it all you will be able to collect you unemployment.

Thats all I have for now. Any questions / comments feel free to ask. Im not on often though.

Hope it helps

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