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  1. #1
    StormyLisa Guest

    Question Unemployment appeal

    I am in the state of Georgia. I was turned down for unemployment. I have filed an appeal and have already received my packet. If anyone here could tell me a little more about this process, I would be grateful. The pamphlet they sent is a little vague as far as the details go.

    This hearing will be based on proving that I was wrongfully terminated, correct? I ask this because just before I was asked to resign, I had filed a formal complaint against the manager of that office and the district supervisor. And I need to know if I only need to focus on being let go, or will I need to include the information about the original complaint as well?

    Any and all information about the appeals process will be great appreciated.

  2. #2
    Join Date
    Mar 2002
    The decision at the hearing will be based on whether your employment ended for a reason that would allow you to collect benefits under your State's UC regulations. "Wrongfully terminated" actually has nothing to do with it and is not something the UC Division will rule on.

    You haven't explained the circumstances of your separation sufficiently to offer an opinion as to what the State would likely decide. If you'd care to explain a bit further, that would help.

  3. #3
    StormyLisa Guest
    It's hard to know where to start, as the whole things gets complicated.
    Last month, I filed a complaint against my manager and the district supervisor......over sexual harrassment (not what everyone makes it out to be, but what is defined in the company manual), hostile work environment. Basically the manager called the employees in the office names, threatened to fire us (on an almost daily basis. He made comments such as: "If I need any lip from you, I'll take it off my zipper." There is more, but you get the gist of it. Anyway, the state supervisor came in to 'investigate', which means he talked to both the CSR and myself approx 10 mins each, then told me that he had a talk with the manager and he promised not to do it again. He also stated that he wasn't going to do anything else about it. But if it happened again, to give him a call. When I explained that I wasn't comfortable being left in that office with this manager, (I had to work two late nights a week with this man) he asked for my resignation.
    Well, in his statement he presented to the dept of labor, he says that I quit....and that is not the case. I even have proof that it's not.
    It all gets even more complicated than this, now that the manager of this office is making statements to perspective employers that can keep me from getting another job. Which I guess is another question....can he give out my medical history. I realize that he can tell them that I missed quite a few days (I have Crohn's disease and was hospitalized). But can he tell them why?

  4. #4
    Join Date
    Mar 2002
    On the UC issue, the basic situation is that you filed an internal complaint of SH and subsequently were asked for your resignation when you said you were no longer comfortable working alone with that manager. That's the absolutely key issue here as being asked to resign is the same as being fired as it relates to UC law.

    No, your employer should not be giving out your medical information. I believe it's a violation of HIPPA but I'll let cbg comment on that - s/he's more knowledgeable on that bit of legislation than I am.

  5. #5
    StormyLisa Guest
    Any idea where I can research HIPPA? I've never heard of it and when I run a search on it, the only thing I find is for health care providers.

    By the way, thanks bunches for your help.

  6. #6
    Join Date
    Nov 2001
    That may have been true at one time, Beth, but since the new privacy regs went into effect I'm just as confused as everyone else. I'm doing some research and will come back with what I find.

    BTW, Lisa, it's spelled HIPAA, one P, two A's, and if you type it into a search engine you'll get tons of info. Most of what you find will be geared towards health care providers because that's who was mostly affected by the most recent changes to the law. But there's other stuff in there too.

  7. #7
    Join Date
    Mar 2002
    Thanks, cbg. For some reason, I inevitably type it HIPPA. Must be 'cause the closest real word is hippo.

    It's the Health Insurance Portability and Accountability Act. Most of it does apply to confidentiality on medical information being maintained by providers and insurers/TPA's but some of it applies to employers too.

  8. #8
    Bear505 Guest
    What is the name of your state? Georgia

    I found the statute (I think) that governs disclosure of information for the state of Georgia. 34-1-4 which is

    34-1-4 G
    *** CODE SECTION *** 12/03/01


    (a) As used in this Code section, the term:

    (1) "Employee" means any person who is employed by an employer
    described in paragraph (2) of this subsection.

    (2) "Employer" means any individual engaged in a business,
    corporation, S-corporation, limited liability company,
    partnership, limited liability partnership, sole proprietorship,
    association, or government entity.

    (b) An employer as defined in subsection (a) of this Code section or
    any person employed by an employer and designated as the employer's
    representative who discloses factual information concerning an
    employee's or former employee's job performance, any act committed
    by such employee which would constitute a violation of the laws of
    this state if such act occurred in this state, or ability or lack of
    ability to carry out the duties of such job to a prospective
    employer of such employee or former employee upon request of the
    prospective employer or of the person seeking employment is presumed
    to be acting in good faith unless lack of good faith is shown by a
    preponderance of the evidence, unless the information was disclosed
    in violation of a nondisclosure agreement or the information
    disclosed was otherwise considered confidential according to
    applicable federal, state, or local statute, rule, or regulation.

    I need to know if giving out medical information over the phone would be a breach of this law

  9. #9
    Join Date
    Nov 2001
    I think we have reached the limits of how this question can be answered in a bulletin board format. You are getting too specific for the general answers this kind of forum is designed for. If you want anything more specific, you're going to have to speak to a GA attorney.

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