Can my son be denied unemployment benefits because he was in jail?

UPDATED: Aug 5, 2012

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Can my son be denied unemployment benefits because he was in jail?

My son was in jail and the day following I called his job to inform them of the situation and that he would be released3 that day. He went to work the following day and was terminated due to inability to comply with company attendance policy. The state labor department stated that the firing because of absence from work while in jail and that the circumstances which lead to his arrest were his responsibility and when you are absent you are not performing duties you’re hired to do therefore he was denied benefits. He can appeal the decision which he wants to do. How do you write an appeal ?

Asked on August 5, 2012 under Employment Labor Law, Georgia


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

There are forms at the unemployment office for your son to fill out and submit his appeal. It is better to do sooner rather than later. He simply fills out the form, dates it, and signs a copy. From what you have written, the employer seems as though he or she was warranted in terminating your son's position for not appearing at work due to being jailed.

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