I was denied unemployment by my former employer, what are my chances of winning in an appeal? (Carol Stream: lawyer)

[banker80]

I was recently fired from my employer. The reason given was that I had put "personal" as my reason for leaving my last job. I had been terminated without cause along with 2 other employees from the first employer, and was afraid of what to put on my application when applying after that. So I put personal. I was under the impression it was the employers job to ask why you left your last job, and due their due diligence in doing background checks as well.

I had worked for this employer since December of 2007, and 15 months later this is coming up. I was told this is not a reflection of my job performance (which in fact I had just won an award for being the top producer in Illinois for 2008 in the company), and when I asked why is this coming up now, I was only told "these things take time."

And even though I put personal on my applications, both the employee who referred me to this company, my direct manager, and the hiring regional manager all knew the story behind my last job. The regional of course says he never knew this, and the direct manager is no longer with the company.

I was under the impression you can only be denied for unemployment in Illinois for an employee who does something willfully wrong, is repeatedly warned of their misconduct, and does something to harm the employer in a negative way. Since I have never been warned, and obviously was doing my job quite well, I don't understand where they can justify denying unemployment without meeting all those requirements.

Can I appeal this, and what are my chances of recieveing a decision in my favor? ANY ADVICE IS GREATLY APPRECIATED.

[myrc60]

You can and should appeal. Details on the process should be included in your denial letter.

[chet everett]

Not sure if you are saying that the IDES has merely stated that your former employer has contested your claim, or if you were already notified that the IDES has scheduled a hearing. Different scenarios. One is outlined in a pamplet: http://www.ides.state.il.us/pdf/pubs/appeals.pdf

The other is most like a scenario in another precedent that IDES sets forth:
http://www.ides.state.il.us/info/pubs/misconduct.pdf

Misconduct/MC 140.25
DOCKET/DATE ABR-85-4754/11-26-85
AUTHORITY Section 602A of the Act


Good Luck!

[Beagletwo]

For unemployment help when your employer is trying to stop you from getting unemployment benefits in the western suburbs contact Fausett attorneys in Carol Stream, 630-221-0090.

[pvande55]

Your former employer can contest it for any reason and your claim is stopped. You have to appeal to get your benefits. Perhaps a lot of ex-employees never do, especially in good times when you can find a job shortly. Unless you were fired for gross misconduct (e.g.stealing) you should appeal. Maybe hire a lawyer. I don't know if this belongs in this forum, but it is relevant with so many being out of work. Also, I would advise omitting the reason for leaving on your resume.

[Zippy7fo]

Wow....they sat on that one...you must of irked someone or they needed to make cuts and you were a cheap alternative....yeah appeal and good luck...

[wisjoe2]

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