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Flint Construction Co. v. Hall12/30/2004
you know I have terminated many employees due to poor attendance. I have allowed [Hall] to get by with more than anyone, ever."
On June 4, 1997, Good, Fuller, and James Eaves met and discussed Hall's employment. They all testified at trial that they discussed Hall's poor attendance record and agreed that day to discharge him. They all testified at trial that they were unaware that Hall had reported a work-related injury in Bastrop and that they were unaware that he was receiving any medical treatment as a result of that injury. James Eaves then wrote Hall a letter dated June 4. The letter stated in its entirety:
"Due to current circumstances Flint Construction finds it necessary to terminate your services. This termination is effective June 6, 1997.
"Attached to this letter is your final payroll check due to you from Flint. Please notice that under the deductions section of the check that we have deducted your petty cash. Should you have any cash receipts to turn in please forward them to the office and we will issue you a check for the appropriate amount.
"Should you have any questions please contact me."
On Friday, June 6, Hall filed the necessary paperwork with the Georgia Department of Labor to obtain unemployment benefits. The initial form, called a separation statement, provided for both the claimant's statement and the employer's statement. The form contained a line that stated "I am no longer employed with this employer because" followed by boxes to check that indicated "Lack of work," "Quit," or "Discharged by." Hall checked the box on the form to indicate that he had been discharged. When asked to give details, he stated: "See attached letter[,] no reason given." The form was then apparently sent to Flint for completion of the employer's statement. That portion of the form contained a line that stated: "Reason for separation" followed by boxes to check that indicated "Lack of work," "Discharge," and "Quit." A Flint employee who stated that she was an administrative assistant checked the box on the form to indicate that Hall had been "separated" from employment because of lack of work. She dated the employer's statement Thursday, June 12, 1997.
Hall said that the Monday following his discharge, he spoke with Good, Fuller, and James Eaves by telephone to ask why he had been discharged. He stated that they told him that Flint did not have work for him to do. He said he asked Good for the telephone number of a construction company that competed with Flint and that Good provided the number. Hall testified that the other company offered him a job doing similar work to the work he had done at Flint, but that the company wanted him to report to work the following Monday, which he said he could not do because he was still undergoing medical treatment for his back injury . When Hall was released by his doctor to return to work, he obtained employment with E&M;Construction, an Alabama business. Although Hall's present working situation is closer to his home, he works for hourly wages and has no benefits.
On June 13, the Georgia Department of Labor sent a document entitled "Claims Examiner's Determination" to Flint and Hall. That form stated, in pertinent part:
"SECTION II - LEGAL BASIS FOR DETERMINATION
"Section 34-8-194(2)(A) of the Employment Security Law says that you cannot be paid unemployment benefits if you were fired from your most recent employer for not following your employer's rules or orders. In addition, you may not be paid unemployment benefits if you were fired for failing to perform the duties for which you were hired, if that failure was within your control. ...
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