2021 Georgia Code
Title 34 - Labor and Industrial Relations
Chapter 8 - Employment Security
Article 1 - General Provisions
§ 34-8-2. Declaration of Public Policy

As a guide to the interpretation and application of this chapter, the public policy of this state is declared to be as follows: economic insecurity due to unemployment is a serious menace to the health, morals, and welfare of the people of this state. Involuntary unemployment is therefore a subject of general interest and concern which requires appropriate action by the General Assembly to prevent its spread and to lighten its burden which so often falls with crushing force upon the unemployed worker or the worker's family. The achievement of social security requires protection against this greatest hazard of our economic life. This can be provided by encouraging employers to provide more stable employment and by the systematic accumulation of funds during periods of employment to provide benefits for periods of unemployment, thus maintaining purchasing power and limiting the serious social consequences of poor relief assistance. The General Assembly therefore declares that in its considered judgment the public good and the general welfare of the citizens of this state require the enactment of this measure, under the police powers of the state, for the compulsory setting aside of unemployment reserves to be used for the benefit of persons unemployed through no fault of their own.

(Code 1981, §34-8-2, enacted by Ga. L. 1991, p. 139, § 1.)

- For annual survey of law on labor and employment law, see 62 Mercer L. Rev. 181 (2010). For comment on Meakins v. Huiet, 100 Ga. App. 557, 112 S.E.2d 167 (1959), see 11 Mercer L. Rev. 395 (1960).

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the statutory provisions, decisions under Ga. L. 1937, p. 806 and former Code Section 34-8-2, which was repealed by Ga. L. 1991, p. 139, § 1, effective January 1, 1992, are included in the annotations for this Code section.

- Fact that an employee is entitled to benefits based on employment at a hospital bears a substantial relationship to the purpose of this chapter. Compulsory contributions for employment security are, like many other taxes, payable without regard to fault; an employee's eligibility for benefits and the hospital authority's resulting liability do not offend the due process clause of Georgia's Constitution. Caldwell v. Hospital Auth., 248 Ga. 887, 287 S.E.2d 15 (1982) (decided under Ga. L. 1937, p. 806; see O.C.G.A. Ch. 8, T. 34).

- Purpose of this chapter is to prevent economic insecurity due to unemployment by encouraging employers to provide more stable employment and to accumulate funds to provide benefits for periods of unemployment, and for this purpose it must be liberally construed and applied. Redwine v. Wilkes, 83 Ga. App. 645, 64 S.E.2d 101 (1951) (decided under Ga. L. 1937, p. 806; see O.C.G.A. Ch. 8, T. 34).

The purpose of this chapter is to spread and lighten the burden of unemployment by allowing involuntarily unemployed workers to collect benefits based on their work history, even though that work history may encompass a period of employment which the employee voluntarily terminated. Furthermore, that this bears a substantial relationship to the purpose of the law seems clear beyond peradventure; it does in fact spread and lighten the employee's burden of involuntary unemployment. Caldwell v. Hospital Auth., 248 Ga. 887, 287 S.E.2d 15 (1982) (decided under Ga. L. 1937, p. 806; see O.C.G.A. Ch. 8, T. 34).

- Legislative intent and purpose, that only the involuntarily unemployed whose unemployment is not the result of their own fault are entitled to compensation, is the foundation upon which the entire act rests; that intent and purpose runs irresistibly through every paragraph and sentence of the whole law and is supreme and controlling in the construction of all paragraphs and sentences. Ford Motor Co. v. Abercrombie, 207 Ga. 464, 62 S.E.2d 209 (1950) (decided under Ga. L. 1937, p. 806).

Chapter is 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).

The unmistakable legislative intent of the Employment Security Law is to pay unemployment compensation during periods of unemployment to those workers whose unemployment is involuntary and is not the result of their own fault. Caldwell v. Amoco Fabrics Co., 165 Ga. App. 674, 302 S.E.2d 596 (1983) (decided under Ga. L. 1937, p. 806).

- Phrase "through no fault of their own" as used in this section evidently refers to causes beyond "their" control. Huiet v. Schwob Mfg. Co., 196 Ga. 855, 27 S.E.2d 743 (1943) (decided under Ga. L. 1937, p. 806; see O.C.G.A. § 34-8-2).

- Denial of teacher unemployment compensation was reversed on appeal because the teacher's failure to pass an exam required as a condition of employment after taking the exam eight times was not due to any conscious neglect or deliberate malfeasance which would have justified disqualifying the teacher from receiving benefits. Johnson v. Butler, 323 Ga. App. 743, 748 S.E.2d 111 (2013).

- Trial court did not err in concluding that the job applicant's cause of action for fraud failed without considering whether the job applicant had an equitable claim for relief as an exception to the at-will employment doctrine because the stated purpose in enacting O.C.G.A. § 34-8-2 was to provide for the compulsory setting aside of unemployment reserves, not to create a public policy exception to the at-will employment doctrine. Poole v. In Home Health, LLC, 321 Ga. App. 674, 742 S.E.2d 492 (2013).

Cited in Union Dry Goods Co. v. Cook, 71 Ga. App. 708, 32 S.E.2d 190 (1944); Brumby v. Brooks, 234 Ga. 376, 216 S.E.2d 288 (1975); Phillips v. Caldwell, 144 Ga. App. 376, 241 S.E.2d 278 (1977); Caldwell v. Amoco Fabrics Co., 163 Ga. App. 74, 293 S.E.2d 57 (1982); Millen v. Caldwell, 253 Ga. 112, 317 S.E.2d 818 (1984); Department of Labor v. Baldwin County Hosp. Auth., 241 Ga. App. 119, 526 S.E.2d 153 (1999).

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, are included in the annotations for this Code section.

- The award of benefits to a "substitute" or part-time teacher during intervals between the teacher's periodic services solely by virtue of the teacher's being a substitute teacher would be contrary to the basic purpose of the law, which is to enhance stable employment and lighten the burden of involuntary unemployment. 1977 Op. Att'y Gen. No. 77-45.

RESEARCH REFERENCES

Am. Jur. 2d.

- 76 Am. Jur. 2d, Unemployment Compensation, § 5.

- 81 C.J.S., Social Security and Public Welfare, § 281 et seq.

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

Employment rights of domestic violence victims, 9 A.L.R.7th 7.