Need Help In Georiga

bamahr

I am not familiar with Georgia law and need a couple of answers for one of the owners who is involved in an organization in Georgia.
1.If this organization is going to stop operation how long of a notice do they need to give the employees?
2. One employee is pregnant - will she be able to draw unemployment - even though she will not be able to work - after delivery?

Thanks!

Don D

I'm not in Georgia, but will try to respond. If the organization is subject to the requirements of the W.A.R.N. act, those will of course have to be followed. Some states have requirements above and beyond those of W.A.R.N. A call to that state's Employment Security Commission will answer that for you. As to the unemployment question, in Georgia, as in most states, the claimant would have to certify that she is able and available for work and qualify monetarily as well in order to draw UI. Each week the claimant has to sign a certification to that effect. If the claims staff suspects or becomes knowledgeable of the fact that a claimant is not medically qualified, they call the claimant in for an investigatory interview during with the claimant's ability to work must be proven. If the claimant draws for weeks during which they are later discovered to have been not able to work, the claimant must repay those weekly benefit amounts or have future claims held up until they do. This claimant, when laid off, if otherwise eligible, would be able to draw unemployment since she was and is at that time able to work. The question comes as to when she becomes not able. Pregnancy in and of itself does not result in ineligibility. Sorry for the long answer.

E Wart

I have closed an operation in Georgia and an not aware of any state laws that override the Federal WARN law so think you are ok here.
As for unemployment, as long as the person (pregnant)is able to be seeking work, she should be ok. Now once she becomes disabled, this may be another problem since you do have to be "actively seeking work and able to work". (ie if on LTD couldn't get it since not able to work.)
I would contact the GA Dept of Labor, 404-656-3777. They are very helpful and aren't the type that you feel "are coming to get you". also can look at [url]www.dol.state.ga.us[/url].
E Wart

bamahr

Thanks for the responses and no remarks about my ability to spell Georgia. x:-8

Don D

I realized you were in Alabalama, so I let it slide, thinking it was a football rivalry slam of some sort. Wait till next year.