Penalties for Drawing Unemployment & Working in Georgia
The Georgia Department of Labor administers the state's unemployment insurance program. Eligible claimants are required to report any earned income while drawing benefits. Failure to report income can lead to an overpayment order, assessment of penalties, immediate cessation of current and future benefits and possible legal action, including wage garnishments, levies against personal property and liens filed against a claimant's real property. The Georgia labor commissioner can also pursue criminal penalties, including imprisonment.
Other People Are Reading
-
Overview
-
The Georgia Unemployment Insurance program provides wage replacement benefits to those who worked for Georgia employers but lost their jobs through no fault of their own or are temporarily furloughed for less than six weeks. Eligible claimants can receive benefits for up to 26 weeks as long as they comply with the Georgia Unemployment Insurance program's eligibility requirements to look for work, remain available to accept suitable work offers and report all earned income while receiving unemployment benefits.
Weekly Benefits
-
Unemployed workers who have earned a sufficient amount of wages during covered employment or while working for employers who paid unemployment insurance taxes can qualify for weekly benefits of at least $44 per week, limited to $330 per week for claims filed after July 1, 2008.
-
Georgia Law
-
By law, claimants are required to report any other payments or earnings while they are receiving unemployment benefits. Claimants must report their total gross earnings, including retirement benefits, severance or payments in lieu of notice, workers' compensation and wage income. The Georgia Department of Labor reduces a claimant's weekly unemployment insurance benefits dollar-for-dollar if he earns more than $50 per week in other income.
Penalties for Unintentional Failure to Report Income
-
The penalties for a claimant's failure to report additional income depend on whether his failure was because of fraud or mistake. For a non-fraud overpayment, the Georgia Department of Labor requires claimants to repay their overpaid benefits immediately. Claimants may also be subject to civil penalties, attorneys' fees and court costs.
Penalties for Intentional Failure to Report Income
-
For those who fraudulently failed to report additional income, the Georgia Department of Labor requires immediate repayment of overpaid benefits, interest, a 10 percent penalty assessment and immediate cessation of benefits. Furthermore, fraudulent filers will be unable to collect unemployment benefits for up to five calendar quarters after the department discovers the fraudulent reporting. Additionally, the department can impose criminal penalties and civil charges, including legal fees. The department can withhold state income tax refunds, can pursue wage collections through garnishments, liens and levies and may require them to sign agreements promising repayment.
Exceptions
-
The Georgia Department of Labor can waive a claimant's obligation to repay his overpaid unemployment benefits if he can prove an unintentional error and financial hardship. The commissioner cannot waive a repayment obligation if a claimant's overpayment was based on false information or misleading statements, which she knew to be false or incorrect. A claimant has validly proven financial hardship if she can show that repayment would preclude her from obtaining necessities, such as food, shelter or medicine.
-
