The Illinois Department of Employment Security (IDES) helps job seekers find jobs and employers find workers.  They provide a number of services, from resume and job hunting workshops to specialized job search assistance.  They also conduct research and analysis about Illinois’ economy and labor force. 

IDES is also the administrative agency responsible for Unemployment Insurance (“UI”).  Often times, clients of Caffarelli & Siegel will apply for UI benefits during or following a dispute with their former employer.  Our attorneys are experienced with UI proceedings before the IDES, and can assist the firm’s clients at the IDES and respond to questions about UI benefits.

Generally, to be found eligible for benefits, a claimant must be unemployed through no fault of his or her own, must have earned wages in "insured" employment, must be available for new work, and must be actively seeking work.  A claimant might be ineligible to receive UI if he or she quit his or her job voluntarily without good cause attributable to the employer, if the claimant was terminated for misconduct related to his or her work, or if the claimant is out of work because of a labor dispute.  Benefits are not paid for any days when an employee is unable to work, due to being on vacation, illness, lack of transportation, or any other activity that makes the claimant unavailable to work.  Finally, in order to maintain eligibility for benefits, a claimant must be actively seeking work and willing to accept any suitable job offered.  The claimant must keep a log of job search activities for every week benefits are claimed. 

It usually takes three weeks from the date a successful claim was filed until the first payment is mailed.  If the initial claim for UI is challenged by the employer – a common practice – an investigator from the IDES will contact both the claimant and the respondent to discuss the termination of employment.  If the claim is then denied, the claimant may request an appeal hearing.  The appeal hearing, typically held over the phone, is the opportunity for the claimant and the former employer to present more information to an administrative law judge, or Referee.  Within two weeks of the hearing, the Referee will determine whether the claimant is entitled to receive UI benefits.  If the Referee decides that benefits should not be awarded, the claimant may file an appeal to the Board of Review within 30 days of the Referee’s decision.  The Board of Review will accept arguments and issue a decision within 120 days of the date of appeal.  If the Board of Review also refuses to award UI benefits, then a claimant must request a Right to Sue before he or she can file an appeal to state circuit court. 

More information regarding IDES and UI, including how to file a claim, can be found at the IDES website: www.ides.state.il.us.

If you have questions about the Unemployment Insurance, contact Caffarelli & Siegel Ltd. to speak to a Chicago Employment lawyer.