Case no. 16CV300

This case is currently in the Superior Court of Swainsboro, Emanual County, Georgia. It concerns the unemployment benefits for the educational service worker class as defined by Georgia Department of Labor in their 2015 memo. The class is defined as follows:
"Any person who performs services to, for, with, or on behalf of any educational institution, regardless of whether such person is engaged to perform such services for the educational institution or through an educational service provider."
History
In 2012, Georgia changed UI rules to deny benefits to educational service workers. In 2013, the call to bring the UI rights back resulted in the repayment of $8M to 32,000 people.
In 2015, Georgia changed legislation to do the same thing based on a US Department of Labor memo from 30 years ago.
In 2016, claimant was denied based on the "between terms" and "reasonable assurance" provisions of the law.
1st Appeal
The decision was upheld, but the administrative hearing officer modified the initial determination in order to hold the claimant ineligible for benefits under provisions of , which is the definition of "unemployed".
2nd Appeal
The Board of Reviews upheld the decision. However, they modified the decision to amend the initial determination in order to hold the claimant ineligible for benefits under provisions of [http://law.justia.com/codes/georgia/2015/title-34/chapter-8/article-7/section-34-8-196/ O.C.G.A Section 34-8-196(b)(2)], which is denial based on "between terms" and "reasonable assurance".
3rd Appeal
Claimant petitioned for judicial review in Superior Court of Emanuel County. Respondent GDOL has until December 22, 2016 to file a response.

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