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Qualifying for Benefits after a Job Loss

The State of Illinois provides weekly amounts to workers who lose their job if they qualify under state law. To qualify, the State will determine that the job loss was not due to what is called "misconduct" or that the worker did not voluntarily quit the job. Also, the worker must search for work while receiving benefits and be willing and physically able to work.

Determining Qualification for Benefits

The State makes an initial determination of qualification through an adjudicator who will informally talk with the claimant (person seeking benefits) and employer and review documents provided. Claimants will need to complete a form discussing their job loss when they apply for benefits. The adjudicator's decision can be appealed to a "referee." While the adjudicator makes a decision informally, the referee's hearing is a more formal hearing with recorded sworn testimony, exhibits and cross-examination. The worker or the employer should be represented at this crucial stage because of its contested nature and generally this is the only opportunity for evidence to be presented. While the referee's decision can be appealed to the Board of Review and then to the Circuit Court, as a general rule no new evidence can be presented at other than the referee's hearing so this is the crucial time that you must get your case on record. 

Experience in Employment Benefits Cases

I have over 20 years experience representing both workers and employers in unemployment benefit claims and have participated in over 500 referee's hearings. In most cases I charge a flat rate of $325 to workers to represent them at referee's hearings.  More complex cases may be extra. I also have experience in appeals of the referee's decision to the Board of Review and by administrative review to the Circuit court. I have written a 1996 information book called  Illinois Employer's Handbook on Unemployment Claims.


 

 
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