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can i collect unemployment if i am gauranteed i still have my job when i am released back to work in the state of georgia

(Georgia)

I have been employed at the same place 4yrs. this upcoming May 2010. I was just in a accident where I injured my hand and the company i work for has no light duty work i can do right now. My boss personally told me that whenever i am able to return to work i do still have my job. I have talked with my boss about drawing unemployment while i am outta work, he told me he doesn't have a problem with that if i am eligible for it. But i have saw wher it states you must be able to seek work in order to draw unemployment. I don't need to seek new work I still have my job. So I am wondering if they make any kinda exceptions on the behalf of ability to seek work if that's not necessary. If they would consider my case a temporary layoff and not a permenant layoff? I am outta work with no kinda pay.

Hi,

This may vary from state to state precedents, but the general concept is that what you are experiencing is a "lack of work".

If you have been released by your doctor to light duty .. you are available for work. If the employer doesn't have any light duty work for you, but will put you back to work when fully recovered .. the refusal to provide light duty work is see as a "temporary layoff".

I suppose the one question that may be relevant .. which you didn't address is whether the hand injury was a work related injury or not .. only because worker's comp might be part of the equation.

So yes, file a claim, but be aware that if you are receiving any worker comp or STD .. the point may be moot.

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