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Well I had my hearing this morning. I have no idea if it went well or not since I haven't been through one of these before. The judge did ask if I had been warned before being terminated and my employer did say no. I also explained my reason for what happened and she did clarify if what I was saying was true and my employer did say yes. I hope those two things show that I did not willfully violate policy. Especially after not being warned.
I did have an attorney there. Illinois dept of UI will provide them for free so I contacted them and they said they felt I had a valid claim. I hope between the attorney being there and my boss saying that they did not warn me is enough to keep my unemployment. It would be a huge hardship to lose that right now.
Thank you for all the answers and support!
Thanks for letting us know how it is going. It sounds like things went fairly well. Please let us know what happened when you get your decision.
It appears I lost the appeal. I haven't gotten the letter in the mail yet but I did not receive my payment this week. I called unemployment and all they would tell me is that I have a letter coming in the mail.
I don't understand. It doesn't seem to fit the standards for misconduct. I will call the attorney who represented me this afternoon.
Free attorneys that are provided... they do not work for you... they work always for the state.
What good is to provide a free lawyer when it will cost the state money?
Their goal is to not provide you unemployment benefits!
Your unemployment is paid by the employer, not by the state.
The state collects it from the employer and distributes it but
the employer pays it. That's why the employer can fight the
decision to give you unemployment. At least that is my understanding.
Damn, I'm sorry Illinois2019. I feel like I have the same case as you and my chances of winning are probably similar to yours. Not sure how I could disprove "poor job performance" but that's what my ****ty employer is trying to use for the excuse as well. I hope you can recover from this.
Damn, I'm sorry Illinois2019. I feel like I have the same case as you and my chances of winning are probably similar to yours. Not sure how I could disprove "poor job performance" but that's what my ****ty employer is trying to use for the excuse as well. I hope you can recover from this.
poor performance might not make you ineligible for unemployment, earlier in this thread
there are quotes from the Illinois unemployment docs:
The determination from 8/22 reads as follows:
The evidence shows the claimant was discharged from XXXX because her work performance did not meet the employer's expectations. Since the claimant's action, which resulted in her discharge was not a violation of a reasonable rule or policy of the employing unit, the claimant is not ineligible for benefits in regard to this issue.
Your unemployment is paid by the employer, not by the state.
The state collects it from the employer and distributes it but
the employer pays it. That's why the employer can fight the
decision to give you unemployment. At least that is my understanding.
This is not the case at all. The employer pays a UI tax, the rate of which is determined by the amount of valid UI payout they have. It's not a dollar for dollar thing though.
This is not the case at all. The employer pays a UI tax, the rate of which is determined by the amount of valid UI payout they have. It's not a dollar for dollar thing though.
Her summarization is a lot more correct than yours.
The cost is coming from SOME employer. It may not be the one that caused the job loss, but an EMPLOYER is going to eat the cost. The system does not operate in the negative.
I received the decision from the appeal hearing today. It has incorrect information in it regarding specifics about the dates when this 'misconduct' happened. The woman who was running the hearing focused on why I supposedly violated policy instead of listening to my boss who stated the policy was new and I hadn't received any warning about it and that the policy is not in any written docs.
I was also upset that I was never given any opportunity to speak besides only answering direct questions.
The law firm that represented me has offered to coach me on how to fill out the request for the Board of Review to go over it. I am supposed to talk to them tomorrow.
This request does allow me to put in writing on a separate paper so I am going to state my side again and hope someone reads the papers I submitted first that backed up my explanation.
Any other advice or insight?
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