Notice of Reconsideration and Appeal

[ICB2150]

My question involves unemployment benefits for the state of: IL

When I first filed for UI benefits, the evidence showed I was discharged from job due to tardy (Issue 001 602A). I denied the employer's accusations. I claimed job termination due to poor work perfomance. This simply means that I did not meet the employer productivitiy quotas. The employer did not submit sufficient documentation to prove their accusations, nor did they provide deliberate and willful actions on the part of the claimant (me). The IDES decision was that I was not ineligible for benefits in regard to this decision.

I have been receiving UI benefits for 7months;now I receive this Telephone Hearing Notice from the IL IDES.
It appears my employer has submitted the appeal. Are new documents being submitted by employer? If so, how do I see the submitted documents the employer has submitted for review? How do I defend my elgibility for UI benefits? How do I request not a telephone hearing but an in person hearing?

Help! please.

[Beth3]

Once the initial determination is made, there is a specific time limit in which either party can file for an appeal (usually about two weeks if not less.) The first issue you need to raise with the State is whether the employer appealed the decision timely. If not, then no hearing should be held. You need to inquire about this with the UC Division.

As to the rest of your questions, during a UC hearing, all issues are heard by the Administrative Law Judge "as new." Yes, new documents can be submitted by the employer. In the case of a telephone hearing, I believe both parties have to submit all documents they're going to submit as evidence in advance so that they can be shared with the other party. You defend your elibility for UI benefits the same way you did before - just tell your side of the story. There's no "Perry Mason legal magic" to be done here.

I suggest you take a look through the information provided with the notice you received regarding the hearing and see if there's a way to request an in-person hearing.

Keep in mind that at the hearing, the burden of proof is on the employer to demonstrate that you were fired for willful misconduct. You don't have to prove that you weren't.

[ICB2150]

Do I ask my local IL IDES officer or the administrative judge the question whether the Employer's appeal was submitted in a timely fashion?
Before the UC hearing, I would like to see, in advance, the Employer's submitted documents to the administrative judge. How do I get this objective accomplished?

I'm told that I have a valid claim by the IDES legal aid division. What exactly does that mean?

Please explain. I'm not understanding. wallbang:

[ICB2150]

Do I ask my local IL IDES officer or the administrative judge the question whether the Employer's appeal was submitted in a timely fashion?
Before the UC hearing, I would like to see, in advance, the Employer's submitted documents to the administrative judge. How do I get this objective accomplished?

I'm told that I have a valid claim by the IDES legal aid division. What exactly does that mean?

Do I continue to certify for UI payments?

Please explain. I'm not understanding. wallbang:

[Beth3]

Do I ask my local IL IDES officer or the administrative judge the question whether the Employer's appeal was submitted in a timely fashion? You should mail or fax them a statement now, challenging the timeliness of the employer's appeal. You should also bring it up at the hearing.

Before the UC hearing, I would like to see, in advance, the Employer's submitted documents to the administrative judge. How do I get this objective accomplished?

The UI Division should forward these documents to you in advance automatically but you can also send/fax a statement requesting these, referencing the claim/hearing number.

I'm told that I have a valid claim by the IDES legal aid division. What exactly does that mean?

This time I'm not understanding. A valid claim for what?

Do I continue to certify for UI payments?

Yes. Most definitely.

[ICB2150]

Please clarify once again. My challenges are to be mailed to whom? The local IDES office and the telephone hearing office are at different locations with different fax numbers. Which office should get my challenge letter? The IDES legal aid division states that I have a valid claim for UI benefits. This legal division is to meet me at the hearing. Am I to assume that this legal department has already viewed Employer's documents and questioned the administrative judge whether the appeal was submitted in a timely fashion?

Once again, I remain

[ICB2150]

I would like to sue my Employer for defamation or wrongful termination? Is it feasible to expect a successful outcome under the scenario listed? Employer told IDES that I was terminated for tardiness. I disputed the allegation. UI benefits were given to me, because Employer did not dispute my claim in a timely manner. At the Reconsideration Hearing, the Employer withdrew his appeal, so I was approved a 2nd time for UI benefits. It's obvious to me that I was not fired for tardiness, but would the civil courts see the Employers comments/actions as defamation or a wrongful termination?

[ESteele]

You cannot successfully sue your former employer because it has prevaricated about the circumstances surrounding your discharge to the unemployment insurance representatives. Generally, an employer’s allegations in this regard are “privileged” and not subject to defamation action.

With respect to a wrongful discharge claim, you have not set forth any facts which would support such a claim. If you were an at-will employee, your employer had the right to terminate you irrespective of whether you were not performing sufficiently or were tardy on occasion.

Follow the sound advice from the above responder. (You can check online to determine how long your former employer had to appeal.) Even if the appeal proceeds despite your protestations concerning timeliness, you should prepare to establish that management explained your termination was due to poor performance, not untimeliness. If possible, you should also prepare to rebut the untimeliness contention. (If, for example, you were required to punch in and the company does not produce records of your check in time, then you argue the absence of such records tends to suggest you were not, in fact, repeatedly tardy in arriving at work.)