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Fired Richmond County deputy appealing denial of unemployment payments

Friday, Dec. 20, 2013 12:59 AM
Last updated 1:11 AM
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The Richmond County Sheriff’s deputy fired for using excessive force — an incident that has cost the city a $55,000 out-of-court settlement — has filed a petition seeking unemployment compensation.

Brian C. McDuffie filed the petition for judicial review in Richmond County Superior Court, naming Georgia Department of Labor Commissioner Mark Butler as the defendant.

According to the petition, McDuffie was approved for compensation by a department claims examiner, but the sheriff’s office contested his eligibility. McDuffie’s status was changed to ineligible, a decision upheld by the review board on Dec. 2.

McDuffie was fired Aug. 12 in connection with the beating of 15-year-old Kyvan James on Aug. 3 on Leawood Court.

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bdouglas
5777
Points
bdouglas 12/20/13 - 09:02 am
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4
"According to the petition,

"According to the petition, McDuffie was approved for compensation by a department claims examiner, but the sheriff’s office contested his eligibility."

Why would an employer have ANY sort of say-so in taking away a person's already-approved unemployment claim? The money doesn't come from the employer's budget...it was already paid while the person was employed in the form of unemployment insurance to the state, and they don't get it back if the guy's claim is denied. Sounds more like an issue of spite.

GiantsAllDay
10485
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GiantsAllDay 12/20/13 - 09:12 am
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BDouglas, let me fill you in.

BDouglas, let me fill you in. UI premiums are paid BY the employer NOT the employee. You can only collect if you are laid off NOT if you are fired or quit. The more people who claim unemployment the HIGHER the UI premiums for that particular company. All employers have 10 days to challenge unemployment claims. They are trying to keep their UI premiums down.

Red Headed Step Child
4490
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Red Headed Step Child 12/20/13 - 09:55 am
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Unless things have changed,

Unless things have changed, it is possible to get UI benefits if you've been fired, not just laid off. In the past, as a hiring manager I've had to sit in on unemployment hearings for past employees that were terminated. The DOL can determine based on the information stated at those hearings whether or not to pay UI claims. If an employer does not attend those hearings, then I think it defaults to the ex-employee getting UI benefits. Of course, as stated above, things could have changed since I was involved in that side of it...

thauch12
7075
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thauch12 12/20/13 - 12:48 pm
3
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Disgusting

It's really amazing that he has the guts to try something like this when he should be glad he's not personally liable for a dime of the $55,000 his lack of self-control cost the taxpayers of Richmond County...

Besides, all this really doesn't bode well for him if he actually plans on finding another job...as something other than a cop I pray.

bdouglas
5777
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bdouglas 12/20/13 - 01:30 pm
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GAD, I'm fully aware of who

GAD, I'm fully aware of who pays the unemployment insurance. My point was that getting him denied did little to nothing for their bottom line.

You can still draw unemployment if you were fired. I was fired once and told I had to wait 5 weeks before collecting. However, the firing was deemed wrongful and they awarded me immediate benefits and back payments as well.

GiantsAllDay
10485
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GiantsAllDay 12/20/13 - 01:34 pm
1
4
You're firing was wrongful,

You're firing was wrongful, so you collected. Just try collecting if you are fired "for cause".

Fiat_Lux
16422
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Fiat_Lux 12/20/13 - 02:17 pm
3
1
It used to be that getting fired, even for cause,

just resulted in unemployment benefits being delayed for a certain number of weeks, not totally denied.

bdouglas
5777
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bdouglas 12/20/13 - 04:34 pm
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@GAD

*your. (c; It says a claims examiner approved his benefits. Since he was fired, I would presume that the approval came after he appealed to the DOL and they investigated. I don't think he would be in Superior Court filing this petition if it were the first appeal at the Georgia DOL level, but I could be wrong.

bdouglas
5777
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bdouglas 12/20/13 - 04:34 pm
2
1
@fiat

It still does, but apparently the employer still has recourse even then.

CobaltGeorge
175757
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CobaltGeorge 12/20/13 - 07:02 pm
0
1
I believe

bdouglas & GAD comment is pretty close to being accurate. I have had quite a few UI action in my past.

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