We are experienced with Georgia unemployment appeals and we offer legal representation to employees and employers seeking to appeal previous determinations as related to the award or denial of unemployment insurance benefits.
In Georgia, employees and employers alike have the right to an unemployment appeal if they are not satisfied with the Georgia Department of Labor’s initial determination. However, the right to an appeal comes with a deadline. Therefore, after receiving the claims examiner’s initial determination, it is imperative that you exercise your right to an appeal in a timely manner and in accordance with the Georgia Department of Labor’s regulations.
After filing an appeal, the first level of the appeals process is an administrative hearing that is conducted by a neutral representative, referred to as an administrative hearing officer. Similar to a judge, the administrative hearing officer’s role is to gather and analyze the facts of your case and ultimately issue a ruling based on Georgia law. This level of the appeals process is crucial as it is the only opportunity you have to present witness testimony and other evidence to support your position. At the hearing, we will advocate on your behalf by presenting evidence and testimony, cross-examining witnesses, and defending your case in an effort to obtain a favorable outcome.
The second level of the appeals process is an appeal to the Board of Review. Here, the Board of Review will look to the law and the evidence presented at the initial hearing to determine whether the administrative hearing officer ruled correctly. If you are appealing your case to the Board of Review, we will prepare the notice of appeal along with written argument to support your reasons for appealing the administrative hearing officer’s decision. If necessary, we will also represent you during oral arguments as part of your appeal to the Board of Review.
The third level of the appeals process is an appeal to the Superior Court. At this stage, you are appealing the Board of Review’s decision. If an appeal to the Superior Court is appropriate, we will guide you through the court’s requirements and represent your best interest throughout the proceeding.
If you are an employer, it is important to understand that the frequency in which your former employees are awarded unemployment benefits impacts your experience rating over time and in turn, your unemployment tax liability. Although other considerations are factored into the equation, such as national unemployment statistics, the number of employees who are awarded unemployment benefits is one, if not the only factor, that is within your control.
As a former administrative hearing officer for the Georgia Department of Labor, Attorney Shelton is able to use her prior experience to offer insight to small business owners on ways they can limit their exposure to higher unemployment taxes.