2021 Georgia Code
Title 34 - Labor and Industrial Relations
Chapter 8 - Employment Security
Article 7 - Benefits
§ 34-8-190. Requirements Governing Claims for Benefits

1. Claims for benefits shall be made in accordance with such rules or regulations as the Commissioner may prescribe. The Commissioner may provide for employer initiated claims under such circumstances as prescribed in rules or regulations.
2. Each employer shall post and maintain, in places readily accessible to employees, printed statements concerning such regulations or such other matters as the Commissioner may by regulation prescribe. Each employer shall make available to its employees copies of such printed statements or materials relating to claims for benefits as the Commissioner may by regulation prescribe.
3. Each employer shall furnish to each employee a separation notice at such time as the employee leaves the employment of the employer. The separation notice shall contain detailed reasons for the employee's separation.The employee shall tender this separation notice at the time of filing a claim for benefits. This separation notice shall be in such form as prescribed by rules or regulations of the Commissioner. The Commissioner shall by rule or regulation prescribe the circumstances under which such form must be furnished to the department.

(Code 1981, §34-8-190, enacted by Ga. L. 1991, p. 139, § 1.)

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.

- Although the language of this section appeared to be mandatory in requiring a prospective claimant to present a separation notice before the claimant could file a claim for benefits, those provisions should be interpreted to mean, as the General Assembly undoubtedly intended for it to mean, that the claimant must tender a separation notice if one has been furnished to the claimant. 1977 Op. Att'y Gen. No. 77-88 (decided under former Ga. L. 1937, p. 806; see O.C.G.A. § 34-8-190).

An employer may be penalized for failure to furnish an employee with a separation notice at the time of separation by having the employer's account charged for any benefits paid to the former employee, notwithstanding any disqualification of that employee. 1977 Op. Att'y Gen. No. 77-88 (decided under former Ga. L. 1937, p. 806).

RESEARCH REFERENCES

Am. Jur. 2d.

- 76 Am. Jur. 2d, Unemployment Compensation, §§ 31, 32.

- 81A C.J.S., Social Security and Public Welfare, § 492 et seq.