I have represented employees in over 500 unemployment hearings before Administrative Law Judges/ Referees with the Illinois Department of Employment Security (“IDES”) and other states, as well as in numerous appeals to the IDES Appeals Board - and I have a very good track record.
Over and over again my involvement in representing claimant employees has resulted in our winning and my clients receiving their unemployment compensation benefits. In particular, I can more than level the playing field, and I can give you the advantage at the unemployment hearing.
Typical IDES Referee Hearing claims involve whether or not an employee has voluntarily left his or her employment (601) or whether or not the employee was discharged as a result of the employee committing misconduct (602).
In a hearing where misconduct is claimed, the burden of proof is on the employer to prove misconduct. Although an employee may very well have made a mistake during his/her employment that led to the employer terminating that employee, the employer needs to show not merely that the employee was negligent but rather that the employee’s conduct rose to the level of constituting misconduct - which is a substantially higher burden.
In resignation cases the burden of proof is on the employee to prove that the employee’s leaving of his/her employment was for good cause attributable to the employer.
Individuals should realize that the Referee Hearings (which are usually conducted by telephone) are actual hearings with evidence taken and with there being numerous unwritten (or difficult to find) rules for how the hearings are conducted. The employer is frequently represented by either an attorney or by a non-attorney representative service, and so an employee who does not have a representative is at a decided disadvantage.
If you have an unemployment hearing coming up then you certainly should see the following:
- Top 10 Tips for Success at Your Unemployment Hearing
- Top Reasons Why You Should Have An Attorney (Preferably David Porter) Represent You at Your Unemployment Hearing
Due to my extensive experience in handling unemployment matters - and my strong interest in obtaining justice for my employee clients - over the years I have developed a particular method for preparing for the hearing that not only results in my being well-prepared for the hearing but also has my clients well-prepared and much more at ease than they otherwise would be (which along with my thorough preparation greatly helps to get good and just results for my clients).
- Do you have a Referee Hearing coming up?
- Do you need to appeal to the IDES Board of Review or to Circuit Court?
If you believe that you should be entitled to unemployment compensation benefits and you have a Referee Hearing coming up or you are considering appealing to the IDES Board of Review or to Circuit Court, then call me to briefly discuss if it makes sense for you to come in for an appointment to my Chicago loop office to further discuss your IDES unemployment situation.