Is it possible to get unemployment pay?
Find answers to your legal question.
Is it possible to get unemployment pay?
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Background Details:
In early September of 2008 I worked 40 hours a week (full time) for a company in Georgia. In the beginning of September I had a workers comp. claim in which I injured my back while working. I was treated through my company's worker's comp. insurance. When I returned to work (which was a week later because the injury wasn't too severe, only a badly pinched nerve) I learned that my GM cut my hours and gave them to another employee. Now I was working 35 hours and he was working 45. I believe this was due to my worker's comp. claim, because my GM got in trouble with her supervisor because of comments made to me about my claim (basically she told me to 'get over it' and 'deal with it'...when my nerve was pinched so badly where I couldn't even walk). It was not my intention for her to get scolded by her supervisor; he found out because I called a coworker for advice about doctors and that coworker took it upon himself to call him.
Three weeks after the worker's comp. claim I ended up in the hospital for three weeks due to an accident (not work related). I have since recovered and am back at work; however, the GM is giving me 20 hours a week. The other employees are getting 40 hours a week.
Am I eligible for unemployment because my hours have been cut with no reason? Also, should I seek legal advice because my hours were obviously cut after my worker's comp claim (I have evidence in the form of work schedules and time clock cards). Do I have grounds to sue (I'm not looking to sue, I would just like to know.)
Thank you for your time and answers.
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Shane
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Yes you are eligible for unemployment insurance to cover the loss of wages as long as you are now earning under the maximum allowance that Georgia unemployment insurance pays. Secondly, yes you do have legal grounds since this is outright retaliatory action. Let me add what your manager said was COMPLETELY out of line and she's lucky she still even has a job. I would have personally fired her. |
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jobbend
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Your situation has legal complexities, and you should contact the government agency that oversees workers compensation and general employment law in GA. Also, consider speaking with an attorney who can evaluate the facts and help you understand if you are likely to be awarded damages. Attorneys who specialized in this type of law are typically paid on contingency, which means they only get paid if they win. So good attorneys are going to be able to tell you straight up if you have a case. |
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