Chicago is in one of many states that offer unemployment benefits to persons who are temporarily out of work due to no fault of their own. Unemployment benefits provide job seekers with much-needed short-term help as they transition from one form of employment to another.
Unemployment Appeals in Chicago, Illinois are filed before an Administrative Law Judge. They are handled via the IDES- Illinois Department of Employment Security to determine if an employee truly deserves unemployment benefits. Most unemployment appeals circulate around whether an employee voluntarily left their place of work, and whether or not the employee was fairly discharged from their previous workplace.
What Constitutes Unemployment?
To qualify for unemployment benefits in Illinois, you must meet two basic criteria.
- You must have been employed within the past 1-2 years,
- And that you lost your previous job through no fault of your own
Some examples of cases where you qualify for unemployment benefits include layoffs, downsizing of staff, plant closures, or being fired due to a limitation of skill. In such circumstances, you can qualify for unemployment benefits as you’re actively looking for another form of employment.
Understanding Unemployment Appeals
If you were denied unemployment benefits, you can file for an appeal to have your case reviewed. Most cases of unemployment benefits denial occur when an employee is deemed to have left work due to their own will, or after having committed misconduct.
In cases of misconduct, it is up to the employer to provide sufficient evidence supporting this claim. If, on the other hand, you chose to resign from your previous job, you need to provide enough evidence that your resignation was for a valid reason.
Unemployment appeals in Chicago, Illinois are typically filed within 30 days of receiving your denial letter. In some cases, an initial hearing for collecting evidence (a referee hearing) is carried out over the phone. The case may then proceed in front of an administrative law judge for further determination.
How HKM Attorneys can help
Most employers have an attorney representing them during an unemployment appeals hearing. Therefore, you stand the best chance of filing a successful appeal if you have an employment-lawyer by your side. HKM Employment Attorneys help you prepare a strong case by collecting evidence, representing you in court, and preparing the necessary paperwork to support your unemployment appeals in Chicago, Illinois case.