Introduction to Georgia Employment Security Law Explained
Georgia Employment Security Law is a statute that embodies Georgia’s policy for employee benefits and protections. Under the Employment Security Law, the "purpose of this chapter is to provide for payment of unemployment compensation to persons unemployed through no fault of their own and to make more substantial provisions for the elimination of unemployment through the establishment and operation of an employment service . . . ."
According to the Georgia Department of Labor , the Employment Security Law is designed to: (1) provide unemployment compensation for the State of Georgia; (2) establish a system for the payment of benefits under the Employment Security Law; (3) create the position of Georgia Commissioner of Labor; and (4) make more substantial provisions for the elimination of unemployment through the establishment and operation of an employment service by the State of Georgia.
Meaning, there are certain conditions you must meet as a worker in order to be protected under the Employment Security Law in Georgia.

Several Common Violations
The first area where Georgia Employment Security Law is violated is wrongful termination. Some employers threaten their employees that they will not be given certain benefits or bonuses unless they quit their employment, or they will falsely file charges against their employees to the police, such as shoplifting or theft. More commonly, an employer will strongly encourage an employee to leave when the employee is unable or unwilling to follow company policy or is injured on the job and needs time off for medically necessary treatment. Expressing concern about your safety in the work place or your physical or mental well-being with the status of your employment can be enough to have your employment terminated under Georgia law.
Another common "violation" of Georgia Employment Security Law occurs with wage disputes. Some companies do not pay wages commensurate with work performed, or terminate employees when their production levels decrease. Most employment agreements contain a clause that allows a company to terminate your contract and treat you as an at-will employee, although some are more restrictive than others. If you are being paid less than you are worth, or are not paid your actual wages for your work, there are remedies available. If you are a tipped employee, for example, and are not provided the legal minimum wages per hour, even though you make enough in tips to exceed that threshold, you can bring a claim for that compensation.
A very common violation of Georgia Employment Security Law involves the denial of unemployment benefits. If you have been terminated for no legal reason, such as no-fault terminations, where your performance is not the issue, have lodged a good faith complaint about your safety and your employer denies your unemployment benefits, it is time to contact an attorney. When your entitlement to benefits are denied, you have a right to request a hearing before an Administrative Law Judge, or ALJ. The ALJ has the authority to overturn the decisions of the Georgia Department of Labor and award you your benefits.
Consequences for Companies that Do Not Follow the Law
Violation of Georgia Employment Security Law is an offense under the law, and it comes with a range of consequences.
From misdemeanor status to hefty fines and assessments, employers who are guilty of violating employment laws in the state of Georgia can face some harsh consequences. The state government has established various penalties under Georgia law. Georgia law § 34-8-198 addresses the penalties in greater detail.
Section (A) establishes that "any person" may be guilty of "a misdemeanor and upon conviction thereof shall be punished as provided by law for a misdemeanor" if he or she commits one or more of the following:
(a) Knowingly makes any false statement to obtain any payment of regular benefits;
(b) Knowingly receives or attempts to receive any amount as benefits under this chapter under false statements;
(c) Refuses or fails to report to the commissioner the existence of any facts which the person knows preclude a benefit claim which the person has made or is making;
(d) Knowingly makes any representation in violation of Code Section 16-10-20 with intent to obtain or increase unemployment benefits;
(e) Fails to make any report to the commissioner required by this chapter or by a regulation, rule, or order of the commissioner;
(f) Knowingly misrepresents, obscures, or conceals any material fact in relation to any report or record required to be made by this chapter or by regulation, rule, or order of the commissioner;
(g) Knowingly gives, offers, or promises to give to any person any pecuniary consideration in excess of any amount prescribed by law, or by rule or regulation of the commissioner, for information relating to unemployment benefits;
Section (B) states that anything to the contrary notwithstanding, "any person who has made a claim for unemployment benefits and therein knowingly fails to disclose any information and thereby obtains benefits to which he would not otherwise be entitled shall be considered in violation of this subsection."
Section (C) lists out various types of penalties and fines for employment security violations, as follows:
"(1) If such person is found to have committed a violation this shall be punishable by a fine not exceeding $1,000.00.
(2) If such violation is a second or subsequent violation, punishment for a second and each subsequent violation shall be punishable by a fine not exceeding $5,000.00.
(3) If such violation is the result of fraudulent activity, involving the use and presentation of documents and records designed to mislead and defraud, then such punisment for a first conviction may be subject to an increased fine of $25,000.00, or imprisonment, or both imprisonment and a fine, in the discretion of the court. This subsection is not to be construed to limit the application of any other provision of this article."
What Can Employees Do?
Employees who believe they have experienced an employer who has violated Georgia Employment Security Law may consult with an employment attorney to determine if they have a viable case. A lawyer would be able to discuss the thresholds issue that comes into play on these matters, which is when does an employer violate the law whereas a termination may be "unfair" but not "illegal."
If employees decide not to obtain a lawyer, they may go to their local Georgia Department of Labor office and request to speak to a Labor Relations representative.
Often these things start with a phone call before the employee even takes action and goes down to the Georgia Department of Labor office in person.
A complaint could be investigated beforehand with a simple phone call.
If the DOL and the employee does not resolve the matter, then the employee could file a written Complaint with the Georgia Department of Labor.
The Employee Relations section investigates complaints of unfair practices under the Georgia Employment Security Law. Employees will be interviewed and, if the employee’s allegations appear to be valid, a determination will be made and the employer will be contacted to obtain its side of the story .
If the investigation exposes a violation of the law, the DOL will send a letter of intent to its Atlanta headquarters for review. The exchange of letters begins an administrative hearing which lasts for about 30 days. The administrative hearing is similar to a court hearing, though more informal. All parties have the opportunity to present testimony and evidence to support their side of the matter to the investigative unit. The Department of Labor mediator/judge will make a decision on the matter.
The services of the mediation staff are available to all parties. These people serve an important purpose in that they are neutral and can help the parties resolve the situation without the matter going before the judge. If the mediation does not resolve the matter, the parties will have an opportunity to present their version of the facts to the judge.
The judge will then prepare a determination and notify the parties of his or her decision within 60 days of hearing the case. Either party may appeal from an adverse decision and may do so by filing a Petition for Review before the Board of Review. Additional information from the parties may be requested. The board will then send out its decision to all parties.
Worker’s Rights and Resources
Workers who find that their employers have violated Georgia employment security law, like any worker with a serious workforce issue, have a number of organizations that they can turn to for assistance. Chief among these are the United States Department of Justice Civil Rights Division, Equal Employment Opportunity Commission, and National Labor Relations Board. The same employers who resist employment security law obligations are often anti-union and have poorly functioning civil rights and anti-discrimination programs.
When needed, legal aid organizations may be able to provide representation or assistance to low- and moderate- income workers facing workplace issues . Many of these groups also have extensive pro bono networks that they can tap to help workers in need.
Local and state government human services agencies often have both knowledge and programs available to help workers in need of economic security. Some of these programs include food assistance, housing assistance, financial counseling, and employment assistance.
Lastly, there are non-profit groups organized on a number of bases that can assist workers. Some exist on a national basis to provide assistance.
Workers who believe they have been denied rights or benefits under Georgia employment security law should consider taking their cases to one of these groups.