IDES Notice of Interview (insurance, lawyer, employment)

[wham896]

Hello!

I was recently "let go" from my employer and the same day I filed an unemployment claim. Since this forum is viewable to the public I don't want to give away any specific information regarding my former employer or my dismissal at this time. I am willing to say that the reason's sited for termination did not list misconduct and they are an at-will employer.

Approximately 7 days later I received a letter from IDES telling me my payment amounts and my first certification date, which was last week. I assumed at this time that my claim was approved and did as instructed and certified as was instructed. I have been waiting for payment, which has not been received as of yet.

Today, I received a letter from IDES for a "Notice of Interview" that says a question has been raised regarding my eligibility for unemployment insurance benefits......and the interview is requested because I indicated on my application that I was discharged from my employment and to resolve this question an interview is necessary. It also mentions that misconduct applies to my eligibility in this case and I will need to supply information regarding 602A.

As I am sure you can understand, I very anxious and a bit scared, as I cannot pay bills w/o any income coming in until I am able to acquire a new job.

I am a bit foggy on what all takes place when a claim is filed.

I read somewhere that employers have 10 days to deny a claim. That time has come and gone for my employer and up until this point I have assumed that they weren't denying my claim. Now that doesn't mean they haven't reached out to IDES, but if they denied my claim doesn't IDES have to notify me of such or could this interview request be a result from their denial or something they said? Or is this IDES simply following protocol because I indicated on my claim that I was discharged from my job, which is how the letter reads to me?

I am finding it difficult to prepare throughly for this interview when I don't know the exact reason(s) for the request. If my employer has provided information to IDES, don't I have a right to review that information prior to this interview? Today's letter also included claimant rights, which mention having a witness or lawyer present for the interview. Should I have one of the two present? I did nothing illegal to loose my job, yes I made mistakes, but we are all human and do so. Each mistake I owned up to it and was working on improving when I was let go.

It's possible that I am worrying unnecessarily. :-(

I would appreciated it if anyone, who has experienced this type of interview with IDES, would let me know how their interview went and what type of questions I could expect. Additionally, if anyone has further answers to my noted questions above and/or information on the process when a claim is filed that would be helpful.

Thanks in advance!

[LTU2]

Unemployment compensation is awarded to employees who have lost their job through no fault of thier own. Other rules apply such as length of service, how many hours a week worked, etc., unless ILL has laxer criteria?

Assuming all that is Kosher, which it seems to be, or they would have automatically disqualified you.

"An employment relationship that has no fixed terms to such is presumed to be at -will, and is terminable by either party and at any time".

Let's assume, since you have not consulted a lawyer, that NO legal exceptions apply per statutory or the common law.

If a termination is found to be for "Just/good cause", then the claim will be denied.

If they wish a meeting, they are probably going to have you verbally tell your side of the story to see how it differs from the employee.

Oh, too add to this, "if" it is 10 days, it is probably 10 work days, not calender days.

Read this:

https://www.msiegellaw.com/law-firm-...e-in-illinois/

[LTU2]

Here is an ILL Appellate court decision of a general nature.

https://courts.illinois.gov/opinions...ct/1180645.pdf

ILL Unemployment Insurance Act:

https://www.ilga.gov/legislation/ilc...4&ChapterID=68

[Maki_Chicago]

I'd post to unemployment thread for more advice and ideally contact an attorney.


Here's Illinois Legal Aid: https://www.illinoislegalaid.org/get-legal-help


http://www.cookcountycourt.org/LinkC...817&portalid=0


*Please verify all information provided. I am not an attorney and this is not legal advice.