Appealing to the Unemployment Office IDES Board of Review: A Guide for Illinois Employers and Employees, When Insubordination is “Misconduct”

March 19, 2024

The Illinois Department of Employment Security (IDES) plays a crucial role in the lives of both employers and employees, particularly when it comes to unemployment insurance benefits. However, there are times when either party may disagree with a decision made by an IDES Hearings Referee. If you find yourself in such a situation, it’s important to know that you have the right to appeal to the Board of Review. This blog post will guide you through the process of appealing an IDES decision and provide insights into insubordination cases, which are a common ground for disputes.

How to Appeal an IDES Decision

If you disagree with the decision of an IDES Hearings Referee, you can file an appeal to the Board of Review. Here’s how to do it:

1. File a Written Appeal: You must submit a signed and dated statement indicating your desire to appeal. This statement must be filed within 30 calendar days of the mailing date of the Referee’s decision. Clearly state the parts of the decision you disagree with and why.
2. Where to File: You can file your appeal in person or by mail at the local unemployment insurance office where the claim was filed or at the Office of the Board of Review in Chicago. Alternatively, you can fax your appeal to (630) 645-3731.
3. Request a Transcript: If you wish to obtain a transcript of the hearing, you must request it within 15 calendar days after filing the appeal if you are the appellant, or within 7 calendar days after the mailing date of the “Notice of Pending Appeal” if you are the appellee.
4. Cost of the Transcript: The cost is 25 cents per page. You will be notified of the total cost, and you must send a check within 10 calendar days of the mailing date of the notification letter.
5. Submit Additional Evidence or Arguments: If you want to submit additional evidence or written arguments, you must do so within specific deadlines, which vary depending on whether a transcript was requested.
6. Request for Oral Argument: While not common, you can request an oral argument when filing the appeal or within 7 calendar days after the “Notice of Pending Appeal” if you are the appellee.

Strategies and Case Summaries of Insubordination Cases

Insubordination is a frequent issue in IDES cases. Here are some strategies and summaries from past cases that may inform your approach:

• Understand What Constitutes Insubordination: Insubordination can range from refusal to sign a reprimand to direct disobedience of a supervisor’s orders. However, not all acts of defiance are considered misconduct. For example, in the case (85-BRD-04690/6-25-85), a claimant’s refusal to sign a counseling notice was not deemed misconduct because signing would have constituted an admission of wrongdoing, which the claimant disputed.
• Assess the Reasonableness of the Directive: Insubordination must involve a refusal to comply with a reasonable and lawful directive. In the case (Stovall v. IDES, 262 Ill. App. 3d 1098), the claimant’s argumentative and disrespectful behavior during a disciplinary meeting was found to be insubordination.
• Consider the Potential for Harm: Even if actual harm to the employer is not demonstrated, potential harm can be sufficient for a finding of misconduct, as seen in (Wise v. Department of Employment Security., 2015 IL App (5th) 130306).
• Evaluate the Context: The context of the insubordination is key. In (Sheff v. Board of Review, 470 N.E. 2d 1044), the claimant’s raised voice during a private meeting did not constitute misconduct as there was no abusive language or threats.

Deadlines and the Importance of Timeliness

Timeliness is critical in the appeals process. Missing a deadline can result in the loss of the right to appeal. Ensure that you mark all relevant deadlines, such as the 30-day window for filing an appeal and the 15-day period for requesting a transcript, on your calendar.

Conclusion

Whether you are an employer or an employee in Illinois, understanding the IDES appeals process is essential. By following the outlined steps and considering the strategies from past insubordination cases, you can navigate the system effectively. Remember, the key to a successful appeal is a timely and well-prepared submission.

For personalized assistance with your IDES appeal, visit us at www.pietruchalaw.com. Our expertise in employment law can help you present a strong case to the Board of Review.