Can You Get Unemployment in Illinois If You Get Fired?
Unemployment benefits are limited to those who are unemployed through no fault of their own. Usually this excludes anyone who was fired by an employer. However, as long as you weren't fired for misconduct, you can collect unemployment in Illinois. The Illinois Department of Employment Security (IDES) contacts the employer for evidence that your firing involved misconduct. If the agency provides it, your claim is denied. However, you still have the right to appeal the denial and request a hearing to provide evidence that supports your claim.
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Fired Vs. Other Forms of Termination
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When your employer initiates the job separation, that's a termination. Terminations can happen for a variety of reasons, for example, when an employer closes a particular business location, or when the company doesn't have enough incoming accounts to justify keeping an entire staff on the payroll. Layoffs, furloughs and firings are all terminations. The difference between a firing other types of terminations is generally a negative incident or pattern of behavior. A firing usually occurs in response to behavior that convinces the employer to replace the worker.
Misconduct
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In regard to Illinois unemployment, the IDES's major eligibility concern is whether you become unemployed through no fault of your own. If you were fired for misconduct, you won't qualify for benefits based on Illinois state law. Misconduct may include a violation of company rules or regulations. It can also involve breaking the law in any way. The only exception to a misconduct firing is if you can prove that your firing was against Illinois labor law.
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Burden of Proof
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Since the employer initiates the separation in a firing case, the IDES places the burden of proving that a fired employee is ineligible for unemployment on the employer. When you apply for benefits, Illinois contacts the employer to verify the job separation reason. If the employer reports that you were fired, he'll have to provide evidence to back up his claim, such as disciplinary notices, a statement from the supervisor who fired you or other information. The state may contact you to refute the employer's statement. Then it makes a determination based on the information provided.
Appealing
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If the IDES sends you a notice of determination denying you benefits because you were fired, you have the right to appeal. You must request your appeal hearing within 30 days of the date on the notice. The state sets an appeal hearing where an administrative law judge acts as a referee. At the hearing, you have the right to present evidence and witnesses that refute your employer's claim that you were fired for cause. In some cases Illinois may provide the employee free legal advice and representation from contracted third-party attorneys.
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