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Call Now: 904-383-7448For purposes of this chapter, an individual shall be deemed "unemployed" in any week during which the individual performs no services and with respect to which no wages are payable to him or her or in any week of less than full-time work if his or her deductible earnings do not equal or exceed his or her weekly benefit amount. The Commissioner shall prescribe regulations applicable to unemployed individuals and shall make such distinctions in the procedures as to total unemployment, partial unemployment of individuals attached to their regular jobs, temporary employment, and other forms of short-time work as is deemed necessary. An individual compensated solely on a commission basis shall be deemed to be unemployed only upon the termination of his or her contract of employment.
(Code 1981, §34-8-47, enacted by Ga. L. 1991, p. 139, § 1.)
- In light of the similarity of the statutory provisions, decisions under Ga. L. 1937, p. 806 are included in the annotations for this Code section.
Substitute teacher was employed on an as-needed basis and was not guaranteed employment with the school system for a certain period of time. The teacher's employment with the school system was intermittent by nature and not the type of employment that the state Employment Security Law was designed to encourage. Consequently, the teacher was not unemployed as defined by statute as a matter of law at the time that the teacher filed a claim for unemployment benefits, and the teacher's claim for benefits was properly denied. Campbell v. Poythress, 216 Ga. App. 834, 456 S.E.2d 110 (1995).
As-needed nurse who voluntarily chose part-time, intermittent employment which allowed the nurse to retain complete control over the amount of hours the nurse worked at the hospital, if the nurse chose to work at all, could not claim that the nurse was entitled to unemployment benefits during times when no work was offered. Department of Labor v. Baldwin County Hosp. Auth., 241 Ga. App. 119, 526 S.E.2d 153 (1999).
Cited in Meakins v. Huiet, 100 Ga. App. 557, 112 S.E.2d 167 (1959).
- 76 Am. Jur. 2d, Unemployment Compensation, §§ 20, 21.
- 81 C.J.S., Social Security and Public Welfare, §§ 305, 327.
- Right to unemployment compensation as affected by employee's refusal to work in areas where smoking is permitted, 14 A.L.R.4th 1234.
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