2020 Georgia Code
Title 34 - Labor and Industrial Relations
Chapter 8 - Employment Security

- Ga. L. 1991, p. 139, effective January 1, 1992, repealed the Code sections formerly codified at this chapter, and enacted the current chapter. The former chapter consisted of Code Sections 34-8-1 through 34-8-7.1, 34-8-8 through 34-8-19 (Article 1); 34-8-30 through 34-8-41.1, 34-8-42 through 34-8-49.1, and 34-8-50 through 34-8-53 (Article 2); 34-8-70 through 34-8-83 (Article 3); 34-8-100 through 34-8-104 (Article 4); 34-8-110 through 34-8-115 (Article 4A); 34-8-120 through 34-8-132 (Article 5); 34-8-150 through 34-8-160 (Article 6); and 34-8-170 through 34-8-177 (Article 7), and was based on Ga. L. 1937, p. 806, §§ 1-20; Ga. L. 1937-38, Ex. Sess., p. 356; Ga. L. 1941, p. 532, §§ 1-6, 8-14, 16-33, 37; Ga. L. 1943, p. 610, §§ 1-3; Ga. L. 1943, p. 612, § 1; Ga. L. 1943, p. 613, § 1; Ga. L. 1945, p. 259, § 1; Ga. L. 1945, p. 331, § 1; Ga. L. 1946, p. 532, § 7; Ga. L. 1947, p. 651, §§ 2-9; Ga. L. 1950, p. 38, §§ 2-7, 9-19; Ga. L. 1951, p. 512, §§ 2-11; Ga. L. 1953, Jan.-Feb. Sess., p. 327, §§ 2-5; Ga. L. 1955, p. 420, § 2; Ga. L. 1955, p. 553, §§ 2-9; Ga. L. 1956, p. 481, §§ 1, 3, 4, 6-10; Ga. L. 1957, p. 325, §§ 2-4; Ga. L. 1960, p. 861, §§ 2-15, 17-26; Ga. L. 1964, p. 217, § 2; Ga. L. 1964, p. 143, §§ 2, 3; Ga. L. 1966, p. 141, § 1; Ga. L. 1966, p. 526, §§ 1-11; Ga. L. 1969, p. 249, §§ 2-8; Ga. L. 1969, p. 379, § 2; Ga. L. 1971, p. 475, §§ 1-27; Ga. L. 1972, p. 1015, § 408B; Ga. L. 1972, p. 1069, § 3; Ga. L. 1972, p. 1201, §§ 1-18; Ga. L. 1972, p. 1224, §§ 2-17; Ga. L. 1973, p. 341, § 1; Ga. L. 1973, p. 729, §§ 1-24; Ga. L. 1974, p. 101, p. 9, §§ 1-4; Ga. L. 1975, p. 11, §§ 1-5; Ga. L. 1976, p. 1029, §§ 1-10, 12-18; Ga. L. 1977, p. 781, § 1; Ga. L. 1977, p. 850, §§ 1-5, 8-20; Ga. L. 1978, p. 941, § 1; Ga. L. 1978, p. 1386, §§ 1-41; Ga. L. 1980, p. 1553, § 1; Ga. L. 1980, p. 1563, § 1; Ga. L. 1980, p. 1565, §§ 1, 2-8; Ga. L. 1981, p. 390, §§ 1-18, 20; Ga. L. 1981, p. 413, §§ 1-3; Ga. L. 1982, p. 3, § 34; Ga. L. 1982, p. 1023, §§ 1-4, 6-8, 10, 11, 13, 16-34; Ga. L. 1983, p. 3, § 25; Ga. L. 1983, p. 1153, §§ 1-3, 3A, 4-6; Ga. L. 1983, p. 1592, § 1; Ga. L. 1984, p. 22, § 34; Ga. L. 1984, p. 861, §§ 1-6; Ga. L. 1985, p. 149, § 34; Ga. L. 1985, p. 536, § 1; Ga. L. 1985, p. 696, §§ 1, 2; Ga. L. 1985, p. 901, § 1; Ga. L. 1986, p. 10, § 34; Ga. L. 1986, p. 299, § 1; Ga. L. 1986, p. 415, § 1; Ga. L. 1986, p. 925, § 1; Ga. L. 1987, p. 3, § 34; Ga. L. 1987, p. 139, § 1-5; Ga. L. 1987, p. 191, § 9; Ga. L. 1987, p. 435, §§ 1, 2; Ga. L. 1988, p. 13, § 34; Ga. L. 1988, p. 939, §§ 1-7; Ga. L. 1989, p. 302, §§ 1, 2; Ga. L. 1989, p. 305, §§ 1-5; Ga. L. 1989, p. 594, § 1; Ga. L. 1990, p. 870, § 1.

- Rules and regulations pertaining to Employment Security Law, Official Compilation of the Rules and Regulations of the State of Georgia, Rules of Georgia Department of Labor, Chapters 300-2-1 et seq.

- For survey article on recent developments in Georgia administrative law, see 34 Mercer L. Rev. 393 (1982). For annual survey of law on labor and employment law, see 62 Mercer L. Rev. 181 (2010). For annual survey of labor and employment law, see 68 Mercer L. Rev. 151 (2016). For annual survey on labor and employment law, see 69 Mercer L. Rev. 1223 (2018). For annual survey on labor and employment law, see 70 Mercer L. Rev. 125 (2018). For note on the 2002 amendment of this chapter, see 19 Ga. St. U.L. Rev. 258 (2002).

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the statutory provisions, decisions under Ga. L. 1937, p. 806 and former Chapter 8 of Title 34, which were repealed by Ga. L. 1991, p. 139, § 1, effective January 1, 1992, are included in the annotations for this Code section.

- Former chapter was not as a whole violative of U.S. Const., amends. 9, 14. Gernatt v. Huiet, 192 Ga. 729, 16 S.E.2d 587 (1941) (decided under Ga. L. 1937, p. 806).

- Chapter was enacted to protect the worker in some measure from the loss, through no fault of the worker's own, of employment; that is to say, to ensure the worker against loss of a place to work. Utica Mut. Ins. Co. v. Pioda, 90 Ga. App. 593, 83 S.E.2d 627 (1954) (decided under Ga. L. 1937, p. 806).

The Employment Security Law, O.C.G.A. Ch. 8, T. 34, contemplates an employer providing for the payment of limited benefits based on the employee's former wages, subject to specific conditions, for a limited duration; it does not contemplate that the payment of such benefits will result in an individual receiving more than the individual earned when the individual was gainfully employed. Powell v. Dougherty Christian Academy, Inc., 215 Ga. App. 551, 451 S.E.2d 465 (1994).

- Chapter was to be liberally construed in favor of the state. Williams v. Tracy Bldrs., Inc., 94 Ga. App. 203, 94 S.E.2d 139 (1956) (decided under Ga. L. 1937, p. 806; see O.C.G.A. Ch. 8, T. 34).

- An employee who was not discharged and did not resign, but who did leave work voluntarily, is disqualified and ineligible to receive unemployment compensation under the provisions of this chapter. Huiet v. Atlanta Gas Light Co., 70 Ga. App. 233, 28 S.E.2d 83 (1943) (decided under Ga. L. 1937, p. 806; see O.C.G.A. Ch. 8, T. 34).

When an employee is a married person living with their spouse and the employee voluntarily quits their employment without good cause connected with the employee's most recent work, solely for the purpose of joining and living with the employee's spouse, a preacher, at a distant point to which the spouse has been transferred that is too far for the employee to commute to work, the employee thereby disqualifies themselves from receiving compensation under this chapter. Huiet v. Callaway Mills, 70 Ga. App. 538, 29 S.E.2d 106 (1944) (decided under Ga. L. 1937, p. 806; see O.C.G.A. Ch. 8, T. 34).

- When certain fashion show directors had no territorial assignments or geographical restrictions, no prescribed number or time of hours to work, no minimum number of orders to be maintained and no prohibition against selling other companies' products or holding other employment contemporaneously with that of the plaintiff corporation, the fashion directors were not covered under this chapter. Sarah Coventry, Inc. v. Caldwell, 243 Ga. 429, 254 S.E.2d 375 (1979) (decided under Ga. L. 1937, p. 806; see O.C.G.A. Ch. 8, T. 34).

- Findings of fact by the appeals referee of the Bureau of Unemployment Compensation which are supported by evidence are conclusive and binding. Huiet v. Dayan, 69 Ga. App. 81, 24 S.E.2d 728 (1943) (decided under Ga. L. 1937, p. 806).

- Unreviewed decisions of the Georgia Employment Security Agency are not granted preclusive effect in subsequent federal Age Discrimination in Employment Act lawsuits because granting such deference could cause potential plaintiffs to forego their chance at unemployment compensation for fear of jeopardizing their ADEA claims or else force employees and employers to litigate unemployment compensation claims as discrimination suits. Delgado v. Lockheed-Georgia Co., 815 F.2d 641 (11th Cir. 1987) (decided under former Chapter 8 of Title 34).

- Fact that the claimant has applied for and is receiving unemployment compensation under Ga. L. 1937, p. 806 (see now O.C.G.A. § 34-7-1 et seq.) alters nothing in finding that claimant's incapacity resulted from injuries which arose out of and in the course of claimant's employment. The claimant's application for and receipt of unemployment benefits does not estop claimant's claiming compensation under the Workers' Compensation Act or constitute an election between inconsistent remedies. The two chapters are not repugnant. While each seeks the beneficent purpose of insuring the worker from economic insecurity, the two acts seek to remedy economic insecurity stemming from two entirely different sources. Utica Mut. Ins. Co. v. Pioda, 90 Ga. App. 593, 83 S.E.2d 627 (1954) (decided under Ga. L. 1937, p. 806; see O.C.G.A. Ch. 7, T. 34).

Cited in Ocean S.S. Co. v. Allen, 36 F. Supp. 851 (M.D. Ga. 1941); Union Dry Goods Co. v. Cook, 71 Ga. App. 708, 32 S.E.2d 190 (1944); Phillips v. J.L. Peed Co., 78 Ga. App. 471, 51 S.E.2d 468 (1949); Benton Rapid Express v. Redwine, 87 Ga. App. 584, 74 S.E.2d 504 (1953); Huiet v. Rhodes, 101 Ga. App. 253, 113 S.E.2d 487 (1960).

OPINIONS OF THE ATTORNEY GENERAL

Editor's notes.

- In light of the similarity of the statutory provisions, opinions decided under Ga. L. 1937, p. 806 and former Chapter 8 of Title 34, which was repealed by Ga. L. 1991, p. 139, § 1, effective January 1, 1992, are included in the annotations for this Code section.

- The contributions required by Ga. L. 1937, p. 806 (see now O.C.G.A. § 34-7-1 et seq.) are state taxes within the meaning of Ga. L. 1953, Jan.-Feb. Sess., p. 185, § 1 (see now O.C.G.A. § 48-2-18) creating the Board of Compromises and Settlements (now Board of Equalization); the board has jurisdiction and authority to settle or compromise such a tax liability according to the authority contained in the Act creating the Board of Compromises and Settlements. 1965-66 Op. Att'y Gen. No. 66-91 (decided under Ga. L. 1937, p. 806).

- The Employment Security Agency is the proper state agency to administer the state-wide system of public employment offices in cooperation with the United States Employment Service. 1945-47 Op. Att'y Gen. p. 358 (decided under Ga. L. 1937, p. 806).

- The Department of Labor may not employ its own general counsel or otherwise provide itself with legal advice or representation other than through the Attorney General. 1984 Op. Att'y Gen. No. 84-48 (decided under former Chapter 8 of Title 34).

- Ga. L. 1937, p. 806 (see now O.C.G.A. § 34-7-1 et seq.) basically provides that unemployment compensation is to be paid from a fund financed by systematic accumulation of money paid by employers. 1982 Op. Att'y Gen. No. 82-35 (decided under Ga. L. 1937, p. 806).

There does not appear to be any basis in the Constitution or the Georgia State Financing and Investment Commission Act which would authorize the Employment Security Agency, Georgia Department of Labor to borrow or obtain advances from the federal unemployment account in the Unemployment Trust Fund for payment of unemployment compensation. 1982 Op. Att'y Gen. No. 82-35 (decided under Ga. L. 1937, p. 806).

Violation of Employee Lie Detector Statute, 18 POF3d 627.

- Constitutionality of unemployment insurance legislation, 106 A.L.R. 1531.

Judicial questions regarding Federal Social Security Act, and state legislation adopted in anticipation of or after the passage of the act to set up "state plans" contemplated by it, 108 A.L.R. 613; 109 A.L.R. 1346; 118 A.L.R. 1220; 121 A.L.R. 1002.

Construction and application of state social security or Unemployment Compensation Act as affected by terms of the federal act or judicial or administrative rulings thereunder, 139 A.L.R. 892.

Validity, construction, and application of provisions of social security or unemployment compensation acts as to employment units which are affiliated or under a common control, 142 A.L.R. 918; 158 A.L.R. 1237.

Construction and application of provision of social security or unemployment compensation acts relating to exemption of corporations or institutions of a religious, charitable, or educational character, 155 A.L.R. 369.

What amounts to presence of foreign corporation in state, so as to render it liable to action therein to recover unemployment compensation tax, 161 A.L.R. 1068.

State banks, insurance companies, or building and loan associations, which are members of Federal reserve bank or similar Federal agency, or national banks, as within state social security or Unemployment Compensation Act, 165 A.L.R. 1250.

Circumstances of leaving employment, availability for work, or nature of excuse for refusing re-employment as affecting right to social security or unemployment compensation, 165 A.L.R. 1382.

Construction and application of provisions of Unemployment Compensation or Social Security Acts regarding disqualification for benefits because of labor disputes or strikes, 28 A.L.R.2d 287; 60 A.L.R.3d 1; 60 A.L.R.3d 11; 61 A.L.R.3d 686; 61 A.L.R.3d 693; 61 A.L.R.3d 729; 61 A.L.R.3d 746; 62 A.L.R.3d 304; 62 A.L.R.3d 314; 62 A.L.R.3d 375; 62 A.L.R.3d 380; 62 A.L.R.3d 429; 62 A.L.R.3d 437; 63 A.L.R.3d 88.

Professional personnel such as physicians, surgeons, dentists, lawyers, and the like, as "employees" within Social Security Act, 88 A.L.R.2d 979.

Social Security Acts: requisite of employment as affected by family relationship between alleged employer and employee, 8 A.L.R.3d 696.

Unemployment compensation: eligibility as affected by claimant's refusal to work at particular times or on particular shifts, 35 A.L.R.3d 1129; 12 A.L.R.4th 611.

Right to unemployment compensation as affected by receipt of pension, 56 A.L.R.3d 520.

Unemployment compensation: eligibility as affected by mental, nervous, or psychological disorder, 1 A.L.R.4th 802.

Employee's refusal to take lie detector test as banning unemployment compensation, 18 A.L.R.4th 307.

Propriety of telephone testimony or hearings in unemployment compensation proceedings, 90 A.L.R.4th 532.

Unemployment compensation: eligibility as affected by claimant's refusal to work at particular times or on particular shifts for domestic or family reasons, 2 A.L.R.5th 475.

Right to unemployment compensation or social security benefits of teacher or other school employee, 33 A.L.R.5th 643.

Eligibility for unemployment compensation as affected by claimant's voluntary separation or refusal to work alleging that the work is illegal or immoral, 41 A.L.R.5th 123.