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Old 01-30-2011, 08:17 AM
 
5 posts, read 38,222 times
Reputation: 11

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Hi

Here is what is going on. I went on maternity leave. A few days before I was scheduled to come back to work I was informed (by phone) that my position was no longer available. I went on unemployment in Dec. 2009. I have been receiving it since then. A couple of days ago I received a letter from IDES of an eligibility interview because my former employer contested my claim saying that I left voluntarily. It is a complete shock for me. First of all I was already receiving benefits and the claim was never contested in the first place. Second I am already on tier 2 so how is it a new claim?I am contemplating whetever to have this interview by phone or in person. Any advise would be welcome. Thank you.
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Old 01-30-2011, 12:51 PM
 
Location: Wisconsin
14,157 posts, read 18,601,021 times
Reputation: 6728
Quote:
Originally Posted by agnesk View Post
I went on maternity leave. A few days before I was scheduled to come back to work I was informed (by phone) that my position was no longer available. I went on unemployment in Dec. 2009. I have been receiving it since then. A couple of days ago I received a letter from IDES of an eligibility interview because my former employer contested my claim saying that I left voluntarily. It is a complete shock for me. First of all I was already receiving benefits and the claim was never contested in the first place. Second I am already on tier 2 so how is it a new claim?I am contemplating whetever to have this interview by phone or in person. Any advise would be welcome. Thank you.
Receiving benefits does not preclude your employer from contesting the claim. In some states, employers are allowed to do this for up to a year after the claim was first approved. Illinois may be one of these.

However, if you have not worked and earned wages since your termination, you do NOT qualify for a new claim and should be able to continue on the tier and EB benefits from your old claim.

You now - presumably - have a new claim because your benefit year ended in December 2010, at which time Illinois did a routine earnings reevaluation and found sufficient earnings for a new claim. I use the word 'presumably', because Illinois seems to have real difficulty certifying people for continuation of their old claim and often, instead, issues 'denials' and writes contradictory letters - stating insufficient earnings when the opposite is true, or refuses to allow people to continue on their old claim when the bye reevaluation of earnings does not qualify them for a new claim.

Much time and effort has been expended by Illinois claimants either via phone calls or visits to local unemployment offices to get their claims back on track.

The questions you need answered are:
  1. Did you work after you were terminated?
  2. If you did, this new claim should be based on wages from the new employer, not the previous employer, and they should be the people contesting.
  3. Which claim is your old employer contesting - all the way back to 2009, or this 'new' claim? Vacation/dismissal/severance from the old employer - even if paid after your termination - should not be used as qualifying earnings for a new claim.
You need to contact Illinois and keep calling until you get an agent that can help. And, yes, you will have to undergo an eligibility interview because of this employer challenge which I suspect is because IDES contacted them on this new claim.

Good luck.

Last edited by Ariadne22; 01-30-2011 at 01:06 PM..
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Old 01-30-2011, 02:23 PM
 
5 posts, read 38,222 times
Reputation: 11
Thank you for your response. What you are writing about IL is true. I am an expample of their "inability" to decide whetver I should continue with a old claim or should have a new one. Since I left my old employment I did not work - so I do not qualify for a new claim but I should continue on an old one - I am currently on Tier 2.
I am not sure which claim is my former employer contesting ( I have not seen the paperwork) but I would assume all the way to 2009. They claim I left voluntarily which is absurd. I was to return and was told - my position was not available. They have nothing on the paper stating that I left voluntarily. My interview is in a few days and I am stressed out. Any idea what questions they ask and whetver to do it over the phone or in person?.
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Old 01-30-2011, 03:01 PM
 
Location: Wisconsin
14,157 posts, read 18,601,021 times
Reputation: 6728
IDES will do the interview over the phone via conference call.

Often the employer will not participate - either doesn't answer phone or doesn't call in. The employer might do this repeatedly on future scheduled interviews. That does not stop the employer from further appeals. Some states allow much latitude on this resulting in a lot of stress for the employee.

Prior to this interview, take some time to assemble the chronology of events prior to your termination. Telephone calls you had, dates and with whom, what was said, any relevant documentation. Be very factual. Also, be alert to questions you might ask of the employer. It will be interesting to note who actually participates in this call - someone you dealt with or another person.

As far as actual questions asked, IDES will confirm dates of employment and your version of the event. Employer will be asked the same. Often they lie, so be prepared for that.

Good luck.
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Old 01-30-2011, 03:13 PM
 
5 posts, read 38,222 times
Reputation: 11
A Conference call?. Now I am even more scared. I might feel intimidated. If I requested a interview in person would that mean that this is going to be interview with a employer as well? Also the letter I received states that my benefits will not be suspended or terminated until interview and a written determination has been sent. I assume I will still receive my benefits until then?. I really appreciate your responses.
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Old 01-30-2011, 03:27 PM
 
Location: New Jersey
3,814 posts, read 8,001,475 times
Reputation: 916
Quote:
Originally Posted by agnesk View Post
Thank you for your response. What you are writing about IL is true. I am an expample of their "inability" to decide whetver I should continue with a old claim or should have a new one. Since I left my old employment I did not work - so I do not qualify for a new claim but I should continue on an old one - I am currently on Tier 2.
I am not sure which claim is my former employer contesting ( I have not seen the paperwork) but I would assume all the way to 2009. They claim I left voluntarily which is absurd. I was to return and was told - my position was not available. They have nothing on the paper stating that I left voluntarily. My interview is in a few days and I am stressed out. Any idea what questions they ask and whetver to do it over the phone or in person?.
Quote:
Originally Posted by Adriadne22 View Post
You now - presumably - have a new claim because your benefit year ended in December 2010, at which time Illinois did a routine earnings reevaluation and found sufficient earnings for a new claim. I use the word 'presumably', because Illinois seems to have real difficulty certifying people for continuation of their old claim and often, instead, issues 'denials' and writes contradictory letters - stating insufficient earnings when the opposite is true, or refuses to allow people to continue on their old claim when the bye reevaluation of earnings does not qualify them for a new claim.
A few things:
(1) Your former employer can only contest the original claim (your initial 26 weeks of benefits). All subsequent extensions of benefits are based on that claim -- and the former employer has no right to challenge those extensions.

(2) At their one-year anniversary on unemployment, everyone has to recertify to continue benefits. In your case, it seems that the challenge to your eligibility for the original claim by your former employer came up at the same time.

(3) Despite what was posted by Ariadne22, as you have stated, since you have not worked since your termination from this job, you would not be eligible for a new claim -- so there is no reason to believe that Illinois has determined you are eligible for a new claim. They appear to simply be responding to the objection your former employer raised to your original award of unemployment benefits. This is separate from a "reevaluation of earnings" not qualifying you for extended benefits -- which is not your case at all.

(4) The entire interview will be focused on the circumstances surrounding your departure from your former employer. Simply get your facts together and explain the situation clearly -- including the plans you had already made to return at the end of your leave before you received word of your termination.

Good luck!
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Old 01-30-2011, 03:32 PM
 
Location: New Jersey
3,814 posts, read 8,001,475 times
Reputation: 916
Quote:
Originally Posted by agnesk View Post
A Conference call?. Now I am even more scared. I might feel intimidated. If I requested a interview in person would that mean that this is going to be interview with a employer as well? Also the letter I received states that my benefits will not be suspended or terminated until interview and a written determination has been sent. I assume I will still receive my benefits until then?. I really appreciate your responses.
The employer has a right to be heard at these interviews -- on the telephone or in person. And you have the right to hear his allegations directly and to respond directly.

As Illinois as already confirmed that you will continue to receive benefits until a determination is made in this case. Just remember that regardless of the determination -- either party (you or your former employer) can always appeal the outcome.
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Old 01-30-2011, 04:15 PM
 
5 posts, read 38,222 times
Reputation: 11
I am probably stressing more than I should but I am a single mom and this is a very difficult time for me. Finding new employment has been more difficult than I thought. There are not many facts in my case. I went on maternity leave, was scheduled to come back and was terminated (by phone) before I went back. I have no paper stating that I was terminated nor do they have anything in writing stating that I left.A few months before I left they hired a woman to perform some general office/ front desk duties and I trained her quite extensively so she was able to perform some of my duties during my absence. During my maternity leave she constantly e mailed me with questions. I have these e mails if this would help to prove that I still "felt" employed. Anyhow IDES is suggesting a possibility of having witnesses which I don't have (maybe a few friends). I worry that the company will present other employees as their witnesses. OOOO. I worry too much but what will I do if they believe them?. It is basically their word against mine. No proof on either side. Sorry for this rambling.
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