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Old 09-24-2014, 09:02 PM
 
Location: Wisconsin
25,580 posts, read 56,493,097 times
Reputation: 23386

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Quote:
Originally Posted by aa30 View Post
So if my employer tells UI that I quit, will UI deny my claim or do more investigating on their own? Or call me for more information?
Depends on when Illinois gets the employer response. If Illinois doesn't have an employer response when they talk with you and doesn't receive it in reasonable period of time, renders a favorable decision without employer input (which happens), and then receives a late employer response/appeal which raises questions - i.e., you quit - your claim will go either go to appeal - or be sent back down for reinvestigation. Benefits may or may not be suspended depending on the circumstances.

If they have a timely employer response saying "quit" at the time of the interview, they will query you on the circumstances. And, then, render a decision, which either you or your employer can appeal.
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Old 09-24-2014, 09:17 PM
 
31 posts, read 45,921 times
Reputation: 12
Quote:
Originally Posted by Chyvan View Post
On the surface, a quit is a problem. Heck, even you didn't see what happened to you as a firing/refusal of work. The employer saying you "quit," isn't nearly as big a deal as you saying, "you quit." What story did you tell the UI people when you applied? Lot's of employers tell the UI people that someone quit, but people can still get benefits because the employer has to prove that they person quit. They need a little more than just a say so. They have to show a letter of resignation or the first-hand testimony of a credible witness to say, "so and so called and said they won't be come in anymore."
I told them the same thing I did on here!
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Old 09-24-2014, 09:26 PM
 
Location: Wisconsin
25,580 posts, read 56,493,097 times
Reputation: 23386
You quit in anticipation of a discharge. You had no suitable employment with that employer after September 30th. Just stick to that story, because it is the truth. Any documentation you have to that effect will help.

The interviewer will not have the latitude of an appeals tribunal, and may just knee-jerk deny, in which case you appeal. There no guarantees - a lot depends on the interviewer - and you can't control that, at all.

People are so upset when they're denied initially, believing this decision is cast in stone, not realizing the rules are different for interviews and the appeals tribunal.

If you win now that's great, but it might not happen until you appeal. We have lots of stories here where the initial determination in the eyes of the claimant seemed cast in stone - and then was later easily overturned on appeal.

In a few instances, people had to fight all the way up to a Board of Review, but your situation shouldn't require that.
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Old 09-24-2014, 10:36 PM
 
14,500 posts, read 31,087,064 times
Reputation: 2562
Quote:
Originally Posted by aa30 View Post
I told them the same thing I did on here!
What a shame. You've got a legit reason to get benefits, but you could have made things a lot easier on yourself had you come here BEFORE you applied.

My only fear is that the deputy will just cherry pick reasons for a denial. However, now that you know what really happened to you, do your best, and if you get denied come back to get help with your appeal "request," so you have a really tight story when you go into your hearing.

A bad deputy will read it that you quit because you didn't get the job after the interview and you were mad because they strung you along. I just hope you can skip the appeal.

It won't matter whether the employer submits a story or not. Since you told this one, it will put the burden on you, and you'll have to really choose your words carefully from here on out and be sure that anything more you might put in writing reflects the correct interpretation of what happened to you.

Job eliminated. (non disqualifying separation)

Offered a demotion. (can't be held against you because it was unsuitable)

You declined. (this is why you believed that you quit, but because your job was eliminated, you were already fired.)
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Old 09-24-2014, 10:40 PM
 
31 posts, read 45,921 times
Reputation: 12
Quote:
Originally Posted by Chyvan View Post
What a shame. You've got a legit reason to get benefits, but you could have made things a lot easier on yourself had you come here BEFORE you applied.

My only fear is that the deputy will just cherry pick reasons for a denial. However, now that you know what really happened to you, do your best, and if you get denied come back to get help with your appeal "request," so you have a really tight story when you go into your hearing.

A bad deputy will read it that you quit because you didn't get the job after the interview and you were mad because they strung you along. I just hope you can skip the appeal.

It won't matter whether the employer submits a story or not. Since you told this one, it will put the burden on you, and you'll have to really choose your words carefully from here on out and be sure that anything more you might put in writing reflects the correct interpretation of what happened to you.

Job eliminated. (non disqualifying separation)

Offered a demotion. (can't be held against you because it was unsuitable)

You declined. (this is why you believed that you quit, but because your job was eliminated, you were already fired.)
This is true. I wish I had found this place beforehand. I'm very glad I found it now, otherwise I DEFINITELY would have screwed myself over during the phone interview on Friday. I will be telling them exactly what you listed...short, sweet, and to the point. Thank you so much for all of your help. I will definitely be reporting back!
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Old 09-26-2014, 01:56 PM
 
31 posts, read 45,921 times
Reputation: 12
So today I had my phone interview. I feel that it went well for the most part, however, when they asked me about my last date worked I started talking about how technically it was the 10th because I took vacation but my last actual day in my workplace was the 8th. I didn't even get halfway through this explanation before the interviewer stopped me and said 'Slow down, and please answer the question as asked. Don't offer any additional information.' I feel like this is a good thing that they said that? Other than that, I said exactly what you all suggested. They said I will probably get something in the mail in 7-9 days, as they have to talk to my employer next. They also asked me if I know how to certify for benefits. I am feeling optimistic, but don't want to get my hopes up. Thank you again for all of your help!
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Old 09-26-2014, 02:09 PM
 
Location: Wisconsin
25,580 posts, read 56,493,097 times
Reputation: 23386
Well, good luck. This is Illinois, after all, so one never knows. Also, we don't know what the employer will say. If employer denies a discharge or just says you quit w/o any details, then interviewer probably will deny and let the appeals tribunal sort it out.

When you get the determination, please post exact language. It is always valuable to know the reasoning behind the decision.
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Old 10-03-2014, 01:40 PM
 
31 posts, read 45,921 times
Reputation: 12
So, my UI Determination arrived today, and I don't understand it at all. Here is what it says:
Based on the issue included in this letter, you are not eligible for benefits or wait week credit until you meet the eligibility requirements.
Issue 002 500B Claim -- Claim for benefits:
Deny Effective 09/14/2014-12/13/9999
Did the claimant make a claim for benefits in accordance with the regulations? The evidence shows the claimant did not file a claim for UI Benefits in accord with section 500B of the Illinois Unemployment Insurance Act and 56 ILL. Adm. Code 2720.100 in that the claimant did not provide the required proof of positive identification. An unemployed individual shall be eligible to receive benefits with respect to any week only if the Director finds that he has made a claim for benefits with respect to such week in accordance with such regulations as the Director may prescribe including proof of positive identification. Since the information provided cannot be verified, social security illegible, the claimant is ineligible for UI Benefits from 9/14/2014 and will be determined ineligible until he/she meets the eligibility requirements.


This makes it sound like I didn't provide my ID/SS card, when I took both in to have copied at the UI office near me before I even had my phone interview. What does this really mean and what can/should I do?
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Old 10-03-2014, 01:49 PM
 
31 posts, read 45,921 times
Reputation: 12
Nevermind that, I called and they said it's because my social security # was hard to read on the copy that was sent in, so to just go back in and have them re-verify and say I disagree with that decision. She said they are still waiting on the decision based on my employer though.
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Old 10-03-2014, 01:58 PM
 
14,500 posts, read 31,087,064 times
Reputation: 2562
Ok, I'm glad part is over.
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