(1) "Law" means the Employment Security Law
of Georgia, Official Code of Georgia Annotated (O.C.G.A.), Title 34, Chapter
(2) "Commissioner" means the
Commissioner of Labor of Georgia. Where appropriate, Commissioner shall also
mean any duly authorized representative of the Commissioner.
(3) "Department" means the Georgia Department
(4) "Reimbursable Basis"
means the method of payment wherein an employing unit has elected to reimburse
this department for the amount of benefits chargeable to such unit in lieu of
making quarterly contributions to the department.
Total, Part-Total, and Partial
(a) "Total Unemployment" means
the unemployment of any individual in any week during which the individual
performs no services and with respect to which no wages are payable to the
Unemployment" means any claim week during which an otherwise qualified
individual performs services and earns wages not exceeding the weekly
unemployment insurance amount plus Non-deductible earnings.
"Partial Unemployment" means any complete
pay-period week during which an individual is attached to the individual's
regular employer and works less than full-time, due only to lack of work, and
earns wages not exceeding the individual's weekly unemployment insurance amount
plus Non-deductible earnings. Partial unemployment claims are initiated by the
NOTE: The Georgia Employment Security Law
provides for benefit payments to be made in multiples of $1.00. Therefore,
Deductible Earnings must be adjusted to the nearest dollar, i.e., the odd cents
.01 through .49 will be adjusted to the next lower dollar; .50 through .99 will
be adjusted to the next higher dollar.
(6) Week of Unemployment. Unless otherwise
authorized by the Commissioner, a week of unemployment shall be the calendar
week beginning on Sunday and ending at midnight the following
definitions shall apply in the application of the disqualification provisions
of O.C.G.A. Sections
(a) "Bodily Injury" is physical harm, damage
or injury inflicted on an individual by another individual.
(b) "Conscious Neglect" is a failure to use
that degree of care which would be exercised by an ordinarily prudent person
under the same or similar circumstances. It does not require a willful intent
to abuse an employer's business but it does require a showing of disregard for
the normal or acceptable consequences of the action or the failure to perform
one's job duties. It is to be distinguished from the claimant's inability to
satisfactorily perform the duties of the job. A showing by the employer that
the claimant failed to perform a task for which the claimant had previously
demonstrated a degree or level of proficiency by satisfactorily performing the
task in the past will shift the burden of proof to the claimant to show that
the individual had an inability to perform the task in question.
(c) "Fault" is a failure to follow rules,
orders or instructions, or failure to discharge the duties for which the
claimant was employed. Fault which is of a disqualifying nature cannot be a
technical failing, a minor mistake or the mere inability to do the job. Rather,
a breach of duty to constitute fault must take into consideration such factors
as length of service, nature of duties, prior warnings, equal enforcement of
all progressive discipline programs and any other factors which might be used
to establish reasonable expectations that the discharge was imminent. The
claimant must have been aware that a discharge would likely result from the
violation of the rule. In the case of a discharge due to a violation of an
employer's rule, order or instruction, an employer has the burden of proving
that the claimant knew or should have known that the violation of the rule,
order or instruction could have resulted in termination.
(d) "Full-time Continuous Employment" for the
purposes of O.C.G.A. Section
is normally considered to be at least thirty (30) hours of work in a week or
such other number of hours as is normal in a particular industry. A claimant
who worked full-time during a majority of the weeks of work in the base period
shall be expected to look for full-time continuous employment and shall be
expected to accept an offer to such work after filing an otherwise valid claim
for benefits. A claimant may accept part-time work at any time as long as the
part-time work does not unreasonably interfere with the claimant's search for
full-time continuous employment, but the claimant must report gross earnings
for such work to the Department.
(e) "Intentional Conduct" is that personal
behavior or action by an individual which is willful, conscious or deliberate
that results in damage to another person's property or results in bodily harm
to another individual. A claimant who commits an act which a reasonably prudent
person would contemplate to result in damage may be said to intend that result,
whether he desired it or not; for every person is presumed to intend the
natural consequences of his or her own actions.
(f) "Misconduct" is conduct evincing such
willful or wanton disregard of an employer's interest as is found in violation
or disregard of standards of behavior which the employer has the right to
expect of an employee, or in carelessness or negligence in such degree, or
recurrence as to manifest fault, or to show a disregard of the employer's
interests or of the employee's duties and obligation to the employer.
Misconduct includes but is not limited to a violation of a known work rule
which is reasonable and related to the job being performed.
(g) "Part-time Employment" shall be construed
to be work which is other than full-time continuous employment as defined
above, without regard to whether it is of limited duration as to days, weeks or
months. A claimant who worked part-time during a majority of the weeks of work
in the base period must be available to work for at least 20 hours per
(h) "Physical Assault" is
touching the person of another against his/her will with physical force, in an
intentional, hostile or aggressive manner.
"Suitable Work" means work in the
individual's usual occupation or work for which the individual is reasonably
fitted. In determining whether an individual is reasonably fitted for a
particular job, the department shall consider the totality of circumstances,
including, but not limited to:
1. The degree
of risk involved to the claimant's health, safety and morals;
2. The claimant's physical fitness;
3. The claimant's prior training;
4. The claimant's experience;
5. The claimant's prior earnings;
6. The length of the claimant's
7. If the work is not
directly related to claimant's recent work experience, the claimant's prospects
for obtaining local work in such claimant's customary occupation; and
8. The distance and time for
(j) "Theft" is
the taking of an employer's property, or the property of any other employee or
the property of any other person while on the employer's premises or otherwise
within the scope of the employee's job duties, without the consent of the owner
of the property, with the intent to deprive the owner of the value of the
property, and to appropriate it for the use and benefit of the person taking
the property. The value of the property taken shall be the fair market value at
the time of replacement.
(8) "Personal services" mean work performed
by an individual for personal remuneration. Work performed by an individual or
sole proprietorship is presumed to be personal services unless otherwise
exempted by the Employment Security Law or the Rules of the Georgia Department
of Labor. Work performed by a corporation or a partnership does not meet the
definition of personal services.
(9) "Rate buy down" with respect to voluntary
contributions pursuant to O.C.G.A. Section
means the payment of such additional amounts in response to notice from the
Department as to enable an employer to receive a lower rate of
(a) "Most Recent Employer" as
defined under O.C.G.A.
shall not include an employer subject to the provisions of the federal Railroad
Unemployment Insurance Act.
"Most Recent Employer" as defined by O.C.G.A.
mean the last employer for whom an individual worked and was
(c) An entity must be an
"Employer", as defined by O.C.G.A.
qualify as an individual's "Most Recent Employer".
(11) "Deductible Earnings" means all wages in
excess of $150.00 each week earned by a claimant for services performed,
whether or not received by such claimant. Deductible earnings shall be
subtracted from the weekly benefit amount of the claim.
(12) "Non-deductible Earnings" means all
wages earned each week by a claimant less than or equal to the amount
established by the Commissioner for Deductible Earnings.