Discharge July 22, 2013 & Phone Interview Aug 22, 2013 (file, receive, apply, payment)

[dell1972]

I need some advice, I was let go on July 22, 2013, I received my UI Finding saying to certify on August 5, 2013, which i did. I received mail by IDES saying I have a telephone interview this thursday at 9am because the employer said I was discharge. They is holding up my money. I went to IDES to get more info, They said I was ineligible, I have to wait until the phone interview and the final decision. Is it possible to win?

[Ariadne22]

You don't say what you said when you applied, you don't say what misconduct your employer is accusing you of.

Chances are if the employer is accusing you of misconduct, no matter what you say to the interviewer your application will be denied by IDES and kicked up to the appeals level.

Yes, appeals can be won, but you will need to wait for a determination from IDES on the exact circumstances of the denial before you can proceed.

More info on IL appeals process, here:

Illinois Unemployment Law: Understanding the Process

[dell1972]

I was let go(Discharge)on July 22, because I miss some days the week before. When I apply for unemployment online, I stated I was layoff. The temp services Salem Group disputed that saying I was discharge from the job. I never receive no policy or rules saying you can't miss so many days. I certify on August 5 and today. My phone interview is August 22.

[Ariadne22]

You've got two issues going

1. False statement, because you were fired. You were not laid off. Since Illinois has not paid benefits yet, the false statement may not result in any disqualifying weeks.

http://www.ides.illinois.gov/Custom/...uranceAct2.pdf - See Section 901


2. Misconduct connected with your work - absenteeism

Hopefully, all Illinois will do is deny your benefits unit you work again, per this:

G. Misconduct Disqualification

An individual who is discharged for misconduct connected with his work is ineligible for benefits for the week in which he was discharged for misconduct and thereafter until he has become re-employed and has had earnings equal to or in excess of his weekly benefit amount in each of four calendar weeks.

These earnings must be for services in “employment” as defined in the Act, or must be for services in which the earnings have been or will be reported under the Federal Insurance Contributions Act by the employing unit.

The Act defines “misconduct” as the “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.”

Additionally, the requalification requirements of this subsection will be deemed to have been served if, subsequent to a discharge for misconduct connected with his work, the worker is reinstated by the employer. (Section 602A)

http://www.ides.illinois.gov/Custom/...uranceAct2.pdf - Page G-50

Temp agencies will always fight benefits.

Even though you weren't warned, if your employer can prove it was harmed by these absences, IL will, at the very least, probably issue a misconduct penalty.

Your only chance may be if you can provide medical documentation for these absences and emphasize you didn't know absences would result in a discharge. Try to assemble any exculpatory evidence before your interview.

Let us know what happens.

[dell1972]

Is there a law requiring that you have call into a temp services more than 2 times a week?
I can't find no state law stated that. I had a phone interview this afternoon. The interviewer told me it was require. I never heard that and I couldn't find it in the Illinois Unemployment law handbook.

[dell1972]

Can you win an appeal if you call the temp services every week? But the Temp Services told the unemployment I never call them every week. Could I win the appeal? Thanks.

[Chyvan]

These are what I found.

Section 2865

Scroll to the bottom, and it discusses temp agency work.

[dell1972]

I receive my determination letter today and I lost the phone interview. IDES want me to pay back 3 weeks of benefits. Can I still receive my future benefits? I spoke a IDES person, they told me I can still get my benefits, but overpayment is due on Nov 7, which can pay off in full or 25% will be taken out of my benefits. I file my appeal today. Will I get my benefits next week, when I certify?

[msix3623]

Just curious . why do you have to pay back the last 3 weeks? What was the issue?

[dell1972]

I just received and open my letter from the unemployment office tonight. The temp firm have lied on me again. They said I didn't contact them in which I have emails showing proof. I have a Hearing on Nov 5, 2013.