Does an employee qulaify for unemeployment benefits if they have been on a workers compenasation insurance claim for about 2.5 months when they are ready to return for work? I have an employee who has been filmed by a workers comp private detective working at his house, virtually without limits or showing signs of injury. I want to fire him. Can he claim unemployment in GA?

Bright Idea

What are you going to fire him for? If filing a false workers comp claim? Which is all you can that I can think of. But can he file, yes, but if he was fired for a reason, such as lying, filing a false claim he will not be awarded anything.

But to be honest, him filing for unemploymnet will be the best thing that could happen for you, since he has to claim he is physcially able to work and activtely seeking work to get unemployment, which means he does not get workers comp.

He's damned if he does and damned if he doesn't. Quite the catch-22 here on his part. If he has a fraudulent worker's comp claim he is also going to be liable for prosecution. Be sure to contact your worker's comp carrier and discuss his stellar performances you have on tape of this individual. Well, if it is private detective from that carrier, then I guess they can prove he's a fraud and prosecute him accordingly.

I knew of a construction worker who faked an injury and actually had a dr operate on his shoulder to make it look better. In the end he was prosecuted and had to pay back all the money he collected.

And no, he can't collect unemployment insurance as he was not wrongfully terminated as he lied.

Can you file for unemployment if you've been on workmans comp for 1 year?