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2018 Georgia Code 34-8-190 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 34-8-190 Case Law from Google Scholar Amendments to OCGA 34-8-190

TITLE 34 LABOR AND INDUSTRIAL RELATIONS

Section 8. Employment Security, 34-8-1 through 34-8-280.

ARTICLE 7 BENEFITS

34-8-190. Requirements governing claims for benefits.

  1. Claims for benefits shall be made in accordance with such rules or regulations as the Commissioner may prescribe. The Commissioner may provide for employer initiated claims under such circumstances as prescribed in rules or regulations.
  2. Each employer shall post and maintain, in places readily accessible to employees, printed statements concerning such regulations or such other matters as the Commissioner may by regulation prescribe. Each employer shall make available to its employees copies of such printed statements or materials relating to claims for benefits as the Commissioner may by regulation prescribe.
  3. Each employer shall furnish to each employee a separation notice at such time as the employee leaves the employment of the employer. The separation notice shall contain detailed reasons for the employee's separation.The employee shall tender this separation notice at the time of filing a claim for benefits. This separation notice shall be in such form as prescribed by rules or regulations of the Commissioner. The Commissioner shall by rule or regulation prescribe the circumstances under which such form must be furnished to the department.

(Code 1981, §34-8-190, enacted by Ga. L. 1991, p. 139, § 1.)

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the statutory provisions, decisions under Ga. L. 1937, p. 806 and former Code Section 34-8-170, which was repealed by Ga. L. 1991, p. 139, § 1, effective January 1, 1992, are included in the annotations for this Code section.

Tortious interference.

- No cause of action exists for "tortious interference with a claim for unemployment compensation," in part because the inchoate expectation of receiving unemployment compensation benefits prior to a final determination of eligibility does not constitute a vested property right, generally, and in part because to allow such a cause of action would render illusory the finality afforded administrative determinations. Miles v. Bibb Co., 177 Ga. App. 364, 339 S.E.2d 316 (1985) (decided under former § 34-8-170).

Cited in Huiet v. Schwob Mfg. Co., 196 Ga. 855, 27 S.E.2d 743 (1943); Huiet v. Callaway Mills, 70 Ga. App. 538, 29 S.E.2d 106 (1944); Epps Air Serv., Inc. v. Lampkin, 125 Ga. App. 779, 189 S.E.2d 127 (1972).

OPINIONS OF THE ATTORNEY GENERAL

Editor's notes

- In light of the similarity of the statutory provisions, opinions decided under Ga. L. 1937, p. 806, are included in the annotations for this Code section.

Separation notice.

- Although the language of this section appeared to be mandatory in requiring a prospective claimant to present a separation notice before the claimant could file a claim for benefits, those provisions should be interpreted to mean, as the General Assembly undoubtedly intended for it to mean, that the claimant must tender a separation notice if one has been furnished to the claimant. 1977 Op. Att'y Gen. No. 77-88 (decided under former Ga. L. 1937, p. 806; see O.C.G.A. § 34-8-190).

An employer may be penalized for failure to furnish an employee with a separation notice at the time of separation by having the employer's account charged for any benefits paid to the former employee, notwithstanding any disqualification of that employee. 1977 Op. Att'y Gen. No. 77-88 (decided under former Ga. L. 1937, p. 806).

RESEARCH REFERENCES

Am. Jur. 2d.

- 76 Am. Jur. 2d, Unemployment Compensation, §§ 31, 32.

C.J.S.

- 81A C.J.S., Social Security and Public Welfare, § 492 et seq.

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