323 Ga. App. 743
Ga. Ct. App.2013Background
- Johnson taught elementary school in Fulton County and was informed she must pass the GACE within five years of starting employment.
- She attempted the GACE eight times between 2006 and 2011 but never passed it, leading to termination in September 2011.
- Unemployment benefits were denied; an AHO, then the Board and the Fulton County Superior Court, affirmed the denial.
- Johnson argued she should not be disqualified because she made a bona fide effort to pass the GACE.
- Georgia law disqualifies benefits for failure to obey orders only if the fault is deliberate; a bona fide effort can defeat disqualification.
- The Georgia Supreme Court reversed, holding Johnson’s bona fide effort precluded disqualification and remanded for a Board ruling consistent with this opinion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether bona fide effort negates disqualification | Johnson made a bona fide effort to pass the GACE. | District can prove fault or neglect to disqualify. | Reversed; no disqualification due to bona fide effort; remanded |
Key Cases Cited
- Tanner v. Golden, 189 Ga. App. 894 (1989) (bona fide effort precludes fault-based disqualification)
- Troup County Bd. of Ed. v. Daniel, 191 Ga. App. 370 (1989) (passing certification exam after multiple attempts can support benefits)
- Davane v. Thurmond, 300 Ga. App. 474 (2009) (disqualification requires deliberate, conscious fault; bona fide effort defeats fault)
- Teal v. Thurmond, 310 Ga. App. 312 (2011) (public policy favoring unemployment benefits; fault standard applied)
- Millen v. Caldwell, 253 Ga. 112 (1984) (public policy context of unemployment benefits)
- Williams v. Butler, 322 Ga. App. 220 (2013) (further elaborates on bona fide effort where exam attempts and study cited)
- Fulton County School Dist. v. Hersh, 320 Ga. App. 808 (2013) (context of certification and unemployment determinations in education)