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Yes, she did write the appeal already. I wanted your thoughts mostly to have an unbiased opinion. Seeing if maybe I was looking at it wrong or something. Like I said, my attorney and I were dumbfounded. That the ALJ stipulates to the rule being 1 thing, concludes that I didnt do that thing, therefore Im ineligible! Additionally, she found that I didnt ask due to being busy and/or it slipping my mind, so that somehow equals me "deliberately and willfully" not getting the pass. It's like she decided 2+2=4, but only if 2+2=5, lol!
It could also be the ALJ is trying to balance the state budget on the backs of the unemployed. My first ALJ wrote what I thought was a poor decision, but I looked her up. She'd only passed the BAR in December, and heard my case in February, so I thought maybe she was just inexperienced.
The second hearing ALJ was much worse. She had the benefit of the board of review's decision in granting me a new hearing, and her decision was even worse than the first. However, I looked this one up, and she also hadn't been an ALJ for very long, and according to her facebook page had been a flight attendant that put herself through law school, and had only been an ALJ for 6 months.
Google your ALJ, you just might find out that you got an inexperienced one.
As of today I am 99 days into the 120 day time limit that the IDES Board of Review is allowed to review and issue a decision. No news as of yet. My 120 day period ends on June 8, but because that is a Saturday, my attorney says they have until June 10th. As the BOR is severely understaffed, she says this amount of waiting isn't unusual.
Just wanted to update in case anyone reading the forum could use the information. I really dislike when people come to the forum for help, receive answers, but never update or share helpful info. In case any IL claimants arent aware, if you type IDES Board of Review decisions into a search engine, on the first page of results you'll find a downloadable file of past cases and decisions. It's helpful to read in case you have a similar case. There are a lot of examples with case law cited to help if you are at the ALJ or BOR stage of appeals.
tO LILARAE330 I think that we had the same ALJ-58 years old and practicing for 33 years. Based on what I was told she is strict and allegedly tends to rule against the employee. I have filed an appeal with the BOR. What was the outcome of your appeal/
Hi!
So the BOR not only went with the ALJ, they came up with some craziness. They said it wasn't misconduct, but "Attempted Conversion, or in the common parlance, theft". They then cited case law for conversion...a 1928 Utah law o_O!!!
Also, in Illinois there is a Governor appointed board for the BOR. 5 ppl made up of 2 Employer Class, 2 Employee Class, and 1 Neutral Chair. When the BOR decided my case, and yes I have actual undisputable proof, there were only 3 members instead of the state mandated 5. My 3 members consisted of the supposed neutral chair, and the 2 Employer Class members. Apparently there was a month or so where the 2employee class seats were vacant.
Needless to say, I appealed and am currently in the Circuit Court. Good judge according to my attorney. We'll see. Next date is in early Nov., and then the final date is in December. The judge will decide on that same day. If you have more questions, I'm happy to answer them.
I'm sorry you're going through this, but I think you're only the second city-data poster that has gone into court.
Can you share with us things like, did you have to paid money for the filing or is that comped or refundable? Was it painful to get it into the court system? Could you have done it yourself or did you really need your attorney?
I am a different situation. My supervisor was supposed to be talked to by my director because of ways she coordinates the jobs. She has a tendency to always retaliate when (male) tells her that the procedure she is telling us to do is not correct.e.g using someone's else mask on another patient because there were none left. Or giving someone a does of radioactive pharmaceutical when the order was something else, but then covered this by calling the Dr two days later to have an order written to justify the giving of this dose. Anyhow this person one she was going to be talked to by my Director as I had knowledge of these incidences, but turned the table around.
here is what happened. On a day, a patient came in to have a stress test, I injected the patient with a dose a little higher than normal to compensate for the weight of the patient. I did not write the exact does given, I wrote what the state allows under the limits, but my supervisor knew of this and was agreeable to it. All went fine, and she jokingly asked me if I was going to give the patient 5 times the dose, and asked me to handle this patient, who I did. The next day, there was another patient that came in for a bone scan, we are supposed to take care of the patient start to finish. I finished the study and she asked me to take spot views of the pelvis area. I stated that it was not necessary as the patient had metastasis. The Radiologist on duty stated that it was not necessary. She insisted to do it, which I abided to it. I then called the Radiologist and radiologist stated that it is not necessary to do so and to inform my supervisor. I did and wrote a note stating this. She got furious and stated "
I do not need the Radiologist to tell me what to do, I will talk to you later"
Later in the evening she called me in the office and scolded me for writing this, I told her that the way she addressed this " I want you…I want you" was unprofessional and that my Director was going to talk to her about this. She then stormed out and asked another colleague of mine to tell her what had happened to the patient the day before, even tough she knew about, she asked about the rest of the dose that I gave the patient, and threatened to file for misadministration, however she discussed this rules with another worker, violating Hippa rules, In short my coworker alerted me of this. A week went by and nothing was said to me, but my coworker found out that she was investigating something or fabricating something against me as a retaliation. I was never notified of this, but I was told that she called the state inspector. He in turn determined that it was not a misadministration, however stated that if can prove that I falsified the record, he will recommend for termination. The monday after this happened ( It happened on Thursday) I sent a note to my Director explaining what I had done, and that my supervisor knew about). I then explained for about a week the procedures as to what we do and how we record the doses. In the process of doidn this, I found out that the dose give to another patient was not recorded correctly. I did not know why, so I told the director that I was going to call Technical support to figure it out why. In the meantime they were printing records or other things as I heard, without my knowledge. I was never told that there was an investigation, I heard it from my coworker. Anyhow, almost a week later I called technical support and was told how to fix the problem, so I did…to make sure that my Director knew about this, I wen to see of she was in the office to tell her. She was not! I asked another coworker that if she sees her to come and see me, this was confirmed by the Director. On monday I explained to the Director that I had corrected the dose in the system, which was really for another patient. In short the remaining dose that I did not use for the first patient was used to provide to another patient. All went well for two weeks. The about two weeks later, I get called in to HR and ended the termination for falsifying the records. This is total BS, they knew what I did….I did not deliberately falsify the records, they were ware of the issue, they had agreed to it…and on top of that there was no harm done to the patient. but my coworker stated that " she was out to hint me down and get me fired, because i knew the incidences was involved with and thus retaliated" I never received any warning of this, no written or verbal warning. Always received excellent performance and 100% satisfaction ratings and all this…We always did this injections the same way..inplying to give a little more to obese people for better imaging…after receiving two payments from the Uneployment insurance, I get a letter stating that a question was raised as to my eligibility for unemployment. I got a call (interview) and explained the same things, even the officer stated that I should get a lawyer involved and even the EEOC stated that I may have grounds for constructive discharge, discrimination against male, Italian, and retaliatory dishrag, based on the above info, do you believe that I will be denied the benefits???
I welcome your unbiased opinion on this and any suggestions. Thank you.
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