Libertyville’s Unemployment Attorney
Employees who are fired can file a claim for unemployment benefits with the Department of Employment Security. In some cases, the employer will contest the claim by alleging that the employee was fired for misconduct or quit the job voluntarily. In these situations, a claims adjudicator will issue a determination of whether unemployment benefits are appropriate or not. After receiving the claims adjudicator’s decision, the losing party – whether the employer or employee – has 30 days in which to file an unemployment appeal.
The unemployment attorney at William J. Provenzano & Associates, Ltd. represents clients in all types of employment claims, including claims for unemployment compensation. We have considerable experience advocating on our clients’ behalf before the Illinois Department of Employment Security, Illinois Department of Human Rights, Illinois Human Rights Commission, the Equal Employment Opportunity Commission, and state and federal courts.
If you are involved with an unemployment appeal, contact our office at (847) 816-6588.
The Unemployment Compensation Appeal Process
After an employee is terminated from employment, he or she can file a claim for unemployment compensation with the Illinois Department of Employment Security (IDES). Once the employer receives notice of the claim, it will have 10 days in which to contest the claim. If the employer contests the claim, a claims adjudicator will investigate the claim to determine whether the employee was laid off for lack of work, or if he or she quit voluntarily or was fired for misconduct. Once the claims adjudicator’s decision is issued, the losing party – whether the employer or employee – will have 30 days in which to appeal the decision.
During the unemployment appeal, a hearing will be conducted before an Administrative Law Judge (ALJ). During the hearing, both parties will have an opportunity to present evidence to support their claim, such as timesheets, employee handbooks, policies and procedures, written statements, and other documentation.
Within 14 days of the hearing, the ALJ will issue a decision. After the decision is received, the losing party will have another 30 days in which to file an appeal to the IDES Board of Review, which consists of three judges. If the Board of Review overturns the ALJ’s decision, the case will be sent to a different ALJ for a re-hearing. If the Board of Review upholds the ALJ’s decision, the losing party’s only option will be to file a lawsuit in civil court.
Contact an Unemployment Lawyer
Employment law attorney William Provenzano represents clients in a wide variety of employment claims, including discrimination claims, wrongful termination claims, FMLA violation claims, and unemployment compensation appeals. We have more than 30 years of experience focusing on employment law matters and we have represented clients before the Illinois Department of Employment Security, Illinois Department of Human Rights, Illinois Human Rights Commission, the Equal Employment Opportunity Commission, and state and federal courts.
If you are involved with an unemployment appeal, contact our office at (847) 816-6588 to discuss your employment situation.