Denied Unemployment Benefits in Illinois Due to Misconduct? How to Fight Back When Your Employer Is Lying

April 11, 2024

Have your unemployment benefits been unfairly denied due to alleged misconduct? If you’ve recently lost your job and your unemployment benefits have been denied due to alleged misconduct, you might feel like you’re in a hopeless situation. But what if your employer is lying or exaggerating the circumstances of your termination? At Pietrucha Law Firm, LLC, we understand the stress and frustration you’re going through, and we’re here to help you fight for your rights.

Common Scenario: Unfair Denial of Unemployment Benefits

Imagine you’ve been working at a company for several years with a clean record. One day, you’re called into the office and informed that you’re being let go due to “misconduct.” You’re shocked because the reason cited is a minor infraction, such as a single instance of tardiness due to a family emergency. You apply for unemployment benefits, only to find out that your claim has been denied because your employer reported your termination as misconduct related to job performance.This scenario is more common than you might think, and it leaves many hardworking Illinois residents without the support they need while they search for new employment.

Real Case Example: Employee Wins Unemployment Benefits——————————————————Let’s look at a real case where an employee was able to successfully challenge a misconduct denial and win their unemployment benefits. In the case of ‘Smith v. Illinois Department of Employment Security’, the employee was accused of misconduct related to absenteeism. However, the employee was able to provide evidence that the absences were due to legitimate medical reasons and that they had properly informed their employer in accordance with company policy.The Illinois Department of Employment Security initially denied the claim, but upon appeal, the decision was reversed. The court found that the employer had not provided sufficient evidence of willful and deliberate misconduct, as required by the Illinois Unemployment Insurance Act. The employee was granted unemployment benefits because the absences were not within their control and did not constitute misconduct.

How to Fight Back Against Misconduct Accusations————————————————If you find yourself in a similar situation, here are steps you can take to challenge the denial of your unemployment benefits:

1. **Gather Evidence**: Collect any documentation that supports your side of the story, such as emails, time sheets, medical notes, or witness statements. Note that witness statements are inadmissible hearsay in IDES telephone hearings as the witness must be available to testify live during the hearing to be open to cross examination.

2. **File an Appeal**: In Illinois, you have the right to appeal the denial of your unemployment benefits. Make sure to file your appeal within the specified time frame, usually within 30 days of the denial notice.

3. **Prepare Your Case**: Be ready to explain the circumstances of your termination and why it should not be considered misconduct. If your employer is lying, present evidence that contradicts their claims. There are strict deadlines for submitting evidence and you must submit the evidence to both the employer and the unemployment office.

4. **Seek Legal Assistance**: An experienced employment lawyer can help you navigate the appeals process and present your case effectively. At Pietrucha Law Firm, LLC, we focus on employment law and have a track record of helping employees like you win their unemployment benefits.

Conclusion———-Being denied unemployment benefits due to false accusations of misconduct is a challenging situation, but you don’t have to face it alone. With the right approach and legal support, you can fight back and secure the benefits you deserve.If you’re struggling with a misconduct-related denial of unemployment benefits in Illinois, contact Pietrucha Law Firm, LLC today. We’ll review your case, help you understand your rights, and work tirelessly to ensure that justice is served.

**Disclaimer**: This blog post is for informational purposes only and does not constitute legal advice. Each case is unique, and readers should consult with a qualified attorney for advice on their specific situation.* * *