Unemployment Insurance Benefits Appeal — Georgia

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Unemployment Insurance Benefits Appeal (GEORGIA)

Quick-Reference Summary

Part A — Notice of Appeal (Initial Determination)

[CLAIMANT FULL LEGAL NAME]
[Street Address]
[City], Georgia [ZIP]
Telephone: [(___) ___-____]
Email: [________________________________]
Last 4 of SSN: XXX-XX-[____]
GDOL Claim ID: [________________________________]

Date: [__/__/____]

VIA U.S. MAIL — POSTMARKED ON OR BEFORE [__/__/____]
(Postal meter marks are NOT postmarks under Rule 300-2-5-.02.)
☐ Filed online via the GDOL portal: https://dol.georgia.gov

To:
Georgia Department of Labor
Appeals Tribunal
[Address from Determination]
Atlanta, GA [ZIP]

Re: NOTICE OF APPEAL FROM ADMINISTRATIVE DETERMINATION — O.C.G.A. § 34-8-220

A.1 Identification of Determination

A.2 Statement of Appeal

I, [Claimant Name], hereby appeal the above Administrative Determination to the GDOL Appeals Tribunal pursuant to O.C.G.A. § 34-8-220 and Ga. Comp. R. & Regs. r. 300-2-5-.02 and request a hearing before an Administrative Hearing Officer.

A.3 Grounds for Appeal

I disagree with the Determination for the following reasons:

1. [____________________________________________________________]
2. [____________________________________________________________]
3. [____________________________________________________________]

A.4 Issue-Specific Grounds

☐ Discharge — O.C.G.A. § 34-8-194(2): The employer cannot prove I was discharged for failure to obey rules or for misconduct connected with my work. I was discharged because [____________________________________].

☐ Voluntary Leave — O.C.G.A. § 34-8-194(1): I left my most recent employment with good cause connected with the work because [____________________________________].

☐ Able and Available — O.C.G.A. § 34-8-195: I was able to work, available for work, and making a good-faith effort to secure work in that [____________________________________].

☐ Refusal of Suitable Work — O.C.G.A. § 34-8-194(3): The work offered was not "suitable" considering [wages, location, prior experience]: [____________________________________].

☐ Monetary / Wage Issue: Base-period wages used are incorrect. Correct wages: [____________________________________].

☐ Overpayment / Fraud — O.C.G.A. § 34-8-254: Any overpayment was not the result of fraudulent misrepresentation; waiver/reduction appropriate because [____________________________________].

A.5 Hearing Logistics

☐ Preferred telephone number for hearing: [(___) ___-____]
☐ Best times to be reached: [____]
☐ Interpreter required — language: [____]
☐ ADA accommodation required: [____]
☐ I request that the hearing be held in person under Rule 300-2-5-.02(2)(a) for the following reason: [____].

A.6 Witnesses and Subpoenas

☐ I request issuance of subpoenas (request must be received by GDOL at least 5 business days before the hearing under Rule 300-2-5-.02(3)(b)).

A.7 Documents to Be Used

☐ Termination letter / final warning
☐ Pay stubs / W-2 / earnings statement
☐ Personnel file
☐ Doctor's notes / medical restrictions
☐ Resignation letter
☐ Texts / emails with supervisor
☐ Employer's policy / handbook
☐ Witness affidavits
☐ Other: [____________________________________]

A.8 Representation

☐ Pro se.
☐ Represented by:
Name: [____________________________________]
State Bar of Ga. No. (if attorney): [____________________________________]
Firm / Organization: [____________________________________]
Address: [____________________________________]
Telephone: [(___) ___-____]
Email: [____________________________________]

A.9 Certification

I certify that the foregoing is true and correct to the best of my knowledge.

________________________________________
[Claimant Signature]

Date: [__/__/____]

Part B — Pre-Hearing Brief / Position Statement (Administrative Hearing Officer)

STATE OF GEORGIA
DEPARTMENT OF LABOR — APPEALS TRIBUNAL

Appeals Tribunal Docket No.: [________________________________]
Hearing Officer: [________________________________]
Hearing Date/Time: [__/__/____] at [__:__] ☐ AM ☐ PM
SSN (last 4): XXX-XX-[____]

B.1 Statement of the Case

This is an appeal under O.C.G.A. § 34-8-220 from the Administrative Determination dated [__/__/____] which disqualified Claimant under O.C.G.A. § 34-8-194 on the ground that [____].

B.2 Issues Presented

1. Whether Claimant [was discharged for failure to obey rules / left without good cause connected with work / was able and available / etc.] under O.C.G.A. § 34-8-194.
2. [Additional issue.]

B.3 Statement of Facts (Chronological)

1. Claimant was hired by [Employer] on [__/__/____] as [job title] at $[____] per [hour/week].
2. Claimant's last day of work was [__/__/____].
3. [Numbered chronology of relevant events — warnings, complaints, medical incidents, etc.]
4. [Final separation event.]
5. Claimant filed for benefits on [__/__/____]; Determination issued [__/__/____].

B.4 Applicable Law

• Discharge (§ 34-8-194(2)): Disqualification requires that the discharge was for "failure to obey orders, rules, or instructions" or for misconduct connected with work. The employer bears the burden of proof. Mere unsatisfactory performance, inability, or good-faith errors are not disqualifying.
• Quit (§ 34-8-194(1)): Disqualification only if claimant left "without good cause in connection with most recent work." Good cause can include unsafe conditions, unilateral material changes in employment, harassment, or compelling personal reasons connected to the job.
• Able and Available (§ 34-8-195): Claimant must be physically and mentally able, available for suitable work, and making good-faith work search.
• Standard before Hearing Officer: De novo — Determination has no presumption of validity.

B.5 Argument

A. [First heading].
B. [Second heading].

B.6 Witnesses and Exhibits

B.7 Relief Requested

Claimant respectfully requests that the Administrative Hearing Officer:

☐ Reverse the Administrative Determination;
☐ Find Claimant eligible for benefits beginning [__/__/____];
☐ Order release of withheld benefits;
☐ Waive any overpayment;
☐ Other: [____________________________________].

Respectfully submitted,

________________________________________
[Claimant / Representative Signature]
Date: [__/__/____]

B.7.1 Certificate of Service

Served on opposing party at [address from Notice of Hearing] on [__/__/____] by ☐ mail ☐ fax ☐ email.

________________________________________
[Signature]

Part C — Hearing Preparation Checklist

☐ Confirm hearing date and time on Notice of Hearing — calendar 10 days from mailing
☐ Verify the phone number GDOL will use to call you; update if changed
☐ Be available for the entire hearing window — do not leave the line
☐ Submit subpoena requests at least 5 business days before hearing (Rule 300-2-5-.02(3)(b))
☐ Serve subpoenas at least 3 business days before hearing
☐ Submit exhibits to Hearing Officer and opposing party before hearing per Notice instructions
☐ Number exhibits; bring originals to the phone hearing if requested
☐ Prepare a chronological outline of testimony
☐ Prepare cross-examination questions for employer's witnesses
☐ Identify "rules / orders" the employer claims you violated; prepare rebuttal
☐ For quit cases: document complaints to supervisor and opportunity to cure
☐ For medical issues: obtain provider's note on restrictions / availability
☐ Request interpreter or ADA accommodation in writing in advance
☐ Take handwritten notes during the hearing — hearing is recorded but no transcript is automatic
☐ Calendar 15-day deadline for Board of Review appeal after Hearing Officer's Decision
☐ Calendar 15-day deadline for judicial review in superior court after Board's decision becomes final
☐ Continue filing weekly claim certifications during the appeal
☐ Note: Postal meter marks are NOT postmarks; use USPS handstamp or hand delivery
☐ If hearing missed, request reopening with a good-cause explanation immediately
☐ Verify the Commissioner of Labor will be named in any superior-court petition
☐ Remove all <!-- GUIDANCE --> and <!-- TEMPLATE INSTRUCTIONS --> blocks before submission

Part D — Appeal to Board of Review

D.1 Caption

STATE OF GEORGIA
DEPARTMENT OF LABOR — BOARD OF REVIEW

Appeals Tribunal Docket No.: [________________________________]
Date of Hearing Officer's Decision: [__/__/____]

D.2 Notice of Appeal to Board of Review

Pursuant to O.C.G.A. § 34-8-221, [Appellant] hereby appeals the Decision of the Administrative Hearing Officer issued on [__/__/____] to the Board of Review.

D.2.1 Specific Grounds

1. The Hearing Officer erred in finding [____________________________________].
2. The Hearing Officer erred in failing to find [____________________________________].
3. The Decision is unsupported by the evidence in that [____________________________________].
4. The Hearing Officer misapplied O.C.G.A. § 34-8-194 in concluding [____________________________________].
5. The Hearing Officer erred in ☐ admitting ☐ excluding evidence/testimony of [____].
6. Additional grounds: [____________________________________].

D.2.2 Request for Transcript / Record Review

☐ Appellant requests a copy of the recording / transcript of the hearing for use on appeal.
☐ Appellant intends to submit a written brief in support of the appeal.

D.2.3 Request for Oral Argument

☐ Appellant respectfully requests oral argument before the Board of Review.
☐ Appellant submits the appeal on the existing record.

D.2.4 Relief Requested

WHEREFORE, Appellant respectfully requests that the Board of Review:

☐ Reverse the Hearing Officer's Decision;
☐ Modify the Decision to [____];
☐ Remand for additional evidence on [____];
☐ Other: [____].

________________________________________
[Appellant Signature]
Date: [__/__/____]

D.2.5 Filing Address

Georgia Department of Labor
Board of Review
148 Andrew Young International Blvd., NE, Suite 826
Atlanta, GA 30303-1751
(verify before filing)

D.2.6 Certificate of Service

I served this Notice of Appeal on the opposing party at [address] on [__/__/____] by ☐ mail ☐ fax ☐ email.

________________________________________
[Signature]

D.3 Written Brief to Board

I. Statement of the Case
II. Issues
III. Statement of Facts (with citations to hearing record)
IV. Argument
A. The Hearing Officer's findings on [issue 1] are unsupported by the evidence
B. The Hearing Officer misapplied O.C.G.A. § 34-8-194(__) to the facts
C. [Additional points]
V. Relief Requested

Part E — Judicial Review

E.1 Where to File (O.C.G.A. § 34-8-223(b))

Superior Court of the county in Georgia where the employee was last employed. If the employee was last employed outside Georgia, file in Fulton County, Georgia.

E.2 Filing Deadline — Jurisdictional

Within 15 days after the Board of Review's decision has become final (i.e., 15 days after Board mailing absent reconsideration). The petition must be served on the Commissioner of Labor within 30 days from the date of filing.

E.3 Necessary Parties

☐ The Commissioner, Georgia Department of Labor (mandatory party — represented by the Attorney General)
☐ Any other party to the proceeding before the Board of Review (employer / claimant)

Service on the Commissioner is by certified mail, statutory overnight delivery, hand delivery, or in a manner prescribed for service of process under O.C.G.A. § 50-13-23, addressed to:

Georgia Department of Labor
Unemployment Insurance Legal Section
Suite 826, 148 Andrew Young International Blvd., NE
Atlanta, GA 30303-1751

E.4 Caption

IN THE SUPERIOR COURT OF [COUNTY] COUNTY, STATE OF GEORGIA

Civil Action No.: [________________________________]

E.5 Petition for Judicial Review

COMES NOW Petitioner, [Name], and pursuant to O.C.G.A. § 34-8-223 petitions this Court for judicial review of the Decision of the Board of Review of the Georgia Department of Labor, BOR No. [____], dated [__/__/____] and showing:

1. Petitioner is a resident of [County] County, Georgia, and was last employed in this county by [Employer].
2. The Board of Review's decision became final on [__/__/____]. This Petition is filed within 15 days thereafter.
3. Petitioner has exhausted all administrative remedies.

4. Specific grounds upon which review is sought (O.C.G.A. § 34-8-223(b) requires specificity):
   a. The Board's decision contains errors of law in [____________________________________].
   b. The Board's findings are not supported by any evidence in [____________________________________].
   c. The Board misapplied O.C.G.A. § 34-8-194 to the undisputed facts.
   d. [Additional grounds.]

5. No bond is required (O.C.G.A. § 34-8-223(b)).

WHEREFORE, Petitioner prays that the Court:

a. Reverse, vacate, or modify the Board of Review's decision;
b. Direct payment of benefits beginning [__/__/____];
c. In the alternative, remand for further proceedings; and
d. Grant such other relief as is just.

________________________________________
[Petitioner / Attorney Signature]
State Bar of Ga. No. (if attorney): [____]
Address: [____]
Telephone: [____]
Email: [____]
Date: [__/__/____]

E.6 Service / Record

The Petition need not be verified. Within 30 days after service of the Petition, the Commissioner must certify and file with the superior court the complete administrative record, including the transcript and the Board's findings.

E.7 Standard of Review (O.C.G.A. § 34-8-223(b))

"[T]he findings of the board of review as to the facts, if supported by evidence and in the absence of fraud, shall be conclusive, and the jurisdiction of the court shall be confined to questions of law."

The action receives precedence over other civil cases except cases involving the State or workers' compensation appeals.

E.8 Further Appeals

From the Superior Court's order, an appeal lies to the Georgia Court of Appeals in the same manner as in civil cases (O.C.G.A. § 34-8-223(b)). No bond is required. Further review by the Georgia Supreme Court is by certiorari.

E.9 Continued Certification

Continue filing weekly claim certifications throughout the appeal. Benefits are paid only for weeks for which certification was timely made if the appeal succeeds.

Sources and References

• O.C.G.A. § 34-8-220 (Appeal from administrative determination): https://law.justia.com/codes/georgia/title-34/chapter-8/article-8/section-34-8-220/
• O.C.G.A. § 34-8-221 (Appeal to board of review): https://law.justia.com/codes/georgia/title-34/chapter-8/article-8/section-34-8-221/
• O.C.G.A. § 34-8-223 (Judicial review): https://law.justia.com/codes/georgia/title-34/chapter-8/article-8/section-34-8-223/
• O.C.G.A. § 34-8-194 (Disqualification grounds): https://law.justia.com/codes/georgia/title-34/chapter-8/article-7/section-34-8-194/
• Ga. Comp. R. & Regs. r. 300-2-5 (Appeals): https://rules.sos.ga.gov/gac/300-2-5
• Ga. Comp. R. & Regs. r. 300-2-5-.02 (Benefit appeals to AHO): https://www.law.cornell.edu/regulations/georgia/Ga-Comp-R-Regs-R-300-2-5-.02
• GDOL Unemployment Insurance Appeals Handbook: https://dol.georgia.gov/document/unemployment-benefits/ui-appeals-handbook/download
• GDOL main site: https://dol.georgia.gov
• GDOL UI Legal Section — judicial-review service address (above)
• O.C.G.A. § 50-13-23 (service in administrative proceedings): https://law.justia.com/codes/georgia/title-50/chapter-13/section-50-13-23/