I was approved unemployment now my former employer is appealing the decision, need help/advice? (Ina: sales)

[banker80]

I was initially approved for unemployment benefits by the state of Illinois after my phone interview. Now my former employer is appealing this decision. The reason for being terminated is "falsified my application." I understand Illinois is an at-will state and I can be fired for anything. I am not arguing the fact I was terminated.

I placed Personal as my reason for leaving my last job when I was terminated. I consider this to be a personal situation, and I was asked to elaborate during the interview as well on this, and I was open and honest about my situation. I just didn't want TERMINATED to be put on my application for anyone to see. Its a personal situation that was on a need to know basis to those interviewing me and in the position to hire me. There were no problems with me being fired from my last job and I was hired. I worked here for 15 months and then, Uh Oh, its a problem.

Now in Illinois I understand that the only reason you can be denied unemployment is for misconduct and that four factors must be present for misconduct to occur. These include:

A willful and deliberate violation of
A reasonable rule or policy that
Governs the employee’s behavior in performing their work and
Either harmed the employer OR was repeated despite a warning

None of these factors apply to my situation. I was a very good employee winning several performance and sales awards last year, got along with all my coworkers, and was very well liked by my customers.

As for falsifiying my application. I put on my application what I thought and felt an appropriate response. I was not trying to lie, and I was open and honest in the interviewing process.

During my first phone interview with the state on my initial benefits approval the interviewer laughed when I said I had just won an award for being the top sales person in 2008 when he asked me if I was doing a poor job. He immediately then said he heard enough and would send me my decision in a week.

My question is how can my former employer still appeal this and win? They have to prove misconduct on all 4 of those points, and I don't see them being able to prove even 1 of them.

Any advice? Anyone else have a similar situation?


PLEASE NOTE: I was reffered to this position by a then current employee who can verify and witness for me that the employer was aware I had been terminated from my last job and that I did not with hold any information from them during my hiring.

[myrc60]

If you have been invited to the appeal you should appear. This is a formality and it sounds like the employer should lose the appeal. Many employers appeal the decision even if the employee is entitled to the benefits as a way of saying "we tried to get it dismissed".