Can my employer stop me from collecting unemployment if he has no work available?

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Can my employer stop me from collecting unemployment if he has no work available?

I have been out of work for 2 weeks because my employer says the company has no money. I was wondering if I could file for unemployment?

Asked on November 27, 2011 under Employment Labor Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You should be able to file for unemployment when there is no work for you--especially when the lack of work is open-ended (i.e. there is no indication of when they will have work). An employee is not obligated to wait until there is some official statement he/she was laid off or terminated, when as a practical matter, there is no employment for him or her. There is no way to be sure but to file--and no harm in filing, as long as you are honest and open about the facts (which means that worst case, you will be denied but should suffer no other penalties).


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