Our unemployment practice is devoted to securing and keeping your unemployment benefits. We have represented employees in various stages of the process from the initial interview, to appeal and hearings, to Board of Review Appeals. In general, an employee is entitled to unemployment benefits in Illinois if the employee lost the job through no fault of their own. In limited circumstances, people who quit their jobs for specific reasons covered by law, may be entitled to receive unemployment benefits.
In Illinois, an applicant can start the process by submitting a claim online at http://www.ides.state.il.us/.
If an employee meets general eligibility criteria (length of time with employer and earnings) then the employee will qualify for benefits unless the employee: voluntarily left without good cause; is not working because the worker is participating in labor dispute and it results in a work stoppage; refused suitable work; or is terminated for “misconduct.”
Misconduct is a legal term of art and Illinois recognizes two types of misconduct: 602A deliberate and willful violation of a reasonable rule or policy of the employing unit, governing the individual’s behavior in performance of his work, provided such violation has harmed the employing unit or other employees or has been repeated by the individual despite a warning or other explicit instruction from the employing unit; or 602B, commission of a felony or theft in connection with work, for which the employer was in no way responsible.
One of the most common sections in which experienced counsel can help a claimant prevail is when the employee was terminated under 602A for misconduct. Even if you violated a reasonable rule and this occurred on more than one occasion, it is not misconduct unless you really meant to violate the rule or break the employer’s policy. However, it is important to work with counsel to help you properly advocate for your rights.
We encourage you to contact an attorney if one of the following is true: you received a letter from IDES advising you of an interview; your unemployment benefits were denied; or you received a letter asking you to repay unemployment benefits. We have successfully represented claimants in IDES matters and are here if you need us.