August 30, 2024

What Illinois Office Workers Need to Know When Resigning

Are you an office worker who recently resigned from your job and was denied unemployment benefits?

You’re not alone. Many Illinois workers find themselves in this situation, unsure of their rights and options.

Before you quit your job, consider the impact your resignation would have on your ability to collect unemployment insurance benefits, which don’t replace your income, but can be a lifeline to staying financially afloat while looking for new work.

This post will explore the complexities of voluntary leave cases and how they impact unemployment benefit eligibility.

The relevant Illinois law is 820 ILCS 405/601.

Understanding Voluntary Leave in Illinois

In Illinois, employees who voluntarily leave their jobs are generally not eligible for unemployment benefits unless they can prove they had “good cause” for leaving that was attributable to the employer.

However, there are exceptions and nuances to this rule that every worker should understand. In Illinois, unemployment insurance benefits are administered by an agency called “IDES”.

10 Sample Job Resignation Unemployment Benefits Appeal Cases in Illinois

Let’s look at some real-world examples to better understand how voluntary leave cases are handled:

1. 1. Health Concerns (ABR-83-11574/10-18-83): An employee left work citing health issues. The IDES Board of Review found that to establish good cause based on health reasons, the claimant must: (1) offer competent testimony, including medical evidence, that adequate health reasons existed to justify termination; (2) have informed the employer of the health problem; and (3) be available, where a reasonable accommodation is made by the employer, for work which is not inimical to their health. In this case, the claimant was disqualified for benefits as they failed to provide medical evidence or report unsafe conditions to the employer.

1. 2. Sexual Harassment (85-BRD-05589/7-25-85): A secretary quit after enduring sexual harassment from the company owner for several months. She had expressed displeasure and rebuffed advances before finally demanding the harassment stop. When it continued, she resigned. The Board found her eligible for benefits under Section 601B-4 of the Act, which provides an exemption when an individual separates solely due to sexual harassment and the employer knew but failed to take appropriate action.

1. 3. Ethical Concerns (ABR-85-6665/2-28-86): An Acting Director of Finance resigned rather than comply with the Executive Director’s instructions to alter financial records illegally. After investigating and confirming the illegality of the requested actions, the claimant chose to resign rather than face potential criminal charges or loss of her CPA license. The Board found this to be good cause attributable to the employer.

1. 4. Job Dissatisfaction (83-BRD-12659/11-9-83): A sales representative quit after a two-month trial period when told she needed to put in more concentrated time. The employer offered additional training, but the claimant was unwilling to put in extra time or take the training. The IDES Board found that by refusing the opportunity for training, the claimant did not demonstrate a genuine interest in remaining employed and was disqualified for benefits.

1. 5. Prospect of Other Work (ABR-85-1566/6-20-85): A Machine Operator and Laborer announced he would be relocating to Texas for a higher-paying job. He forewent a leave of absence, withdrew his retirement money, and moved. When the new job didn’t materialize, he attempted to return to his former employer. The Board found this to be a voluntary leaving without good cause attributable to the employer.
   
2. 6. Religious Beliefs (ABR-85-8861/5-28-86): An employee quit due to a temporary schedule change that conflicted with religious beliefs. The Board found him disqualified because at the time his notice period ended, he would have returned to his original schedule that didn’t conflict with his beliefs. The Board emphasized that to avoid disqualification based on religious convictions, there must be a true religious conviction present.

1. 7. Early Retirement Package (ABR-86-9166/7-15-87): An Assistant Mine Manager accepted an early retirement package due to fears of demotion. The Board found him eligible for benefits, considering the separation equivalent to a layoff. The employer had decided to reduce its workforce, and those who didn’t accept the package faced potential layoffs or demotions. The Board viewed this as involuntary unemployment due to economic conditions beyond the claimant’s control.

1. 8. Reduction in Hours (ABR-20-16071/11-5-20): A dietary supervisor resigned after 23 years of employment when the COVID-19 pandemic led to changes in her duties and restrictions on wearing personal protective equipment. The Board found that the employer created a substantially less favorable work situation by requiring increased interaction with residents without allowing use of PPE when COVID-19 protocols should have been in place. The claimant’s attempts to resolve the issue were unsuccessful, and she left to protect her health and safety. The Board held this was good cause attributable to the employer.

1. 9. Workplace Stress (Childress v. Department of Employment Security, 2021 IL App (1st) 191993): An employee resigned citing stress, overwork, and feeling “pushed out.” The Board found the claimant ineligible for benefits, concluding that she was not subjected to conditions that would have rendered the job unsuitable. The court affirmed, noting that workplace stress typically doesn’t constitute good cause absent medical documentation submitted to the employer and not accommodated.

1. 10. Change in Working Conditions (Davis v. Board of Review, 465 N.E. 2d 576 (Ill. App. 1 Dist. 1984)): A School Child Development Coordinator resigned after being required to incorporate emotionally disturbed teenagers into her program and teach them in addition to her administrative duties. The court affirmed the principle that an individual should make reasonable efforts to resolve conflicts before voluntarily terminating employment. In this case, the claimant made “numerous and substantial attempts” to resolve the situation with her superiors before resigning, which was considered good cause attributable to the employer.

Key Takeaways for Office Workers

• Document Everything: Keep detailed records of any issues at work, communications with your employer, and your reasons for leaving.

• Understand “Good Cause”: Not all reasons for quitting are considered “good cause” under Illinois law. Familiarize yourself with what qualifies.

• Be Aware of Exceptions: There are specific exceptions to the voluntary leave disqualification, such as sexual harassment or accepting other work.

Certify for Benefits Even if You’ve Been Denied: Even if you’ve been denied benefits, continue to certify with IDES as scheduled. This can be crucial if you appeal the decision as continuing to certify for benefits would allow you to collect back unemployment benefits if you are later deemed eligible to collect benefits.

• Continue Your Job Search: Even if you’ve been denied benefits, continue to search for work and document your efforts. This can be crucial if you appeal the decision.

• Consider an Appeal: If you believe your case has merit, don’t hesitate to appeal a denial of benefits. Many cases are won on appeal.

Remember, each case is unique, and the outcome depends on the specific circumstances. If you’re considering resigning from your job, it’s wise to understand how it might affect your eligibility for unemployment benefits before making your decision.

By staying informed and prepared, office workers can better navigate the complexities of unemployment benefits in Illinois, especially in cases of voluntary leave.

See the full statute on IDES Voluntary Leaving below: