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Unemployment Hearing in Illinois Illinois

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  • Unemployment Hearing in Illinois Illinois

    My employer termed me back in May of this year. I was originally approved for benefits and, of course, the appealed. I have a phone hearing scheduled in several weeks. Anyway, I was able to get a copy of the 20+ page reason they appealed (misconduct) and have noticed so many falsehoods and fallacious remarks that it boggles the mind. I expected this for these people as they routinely and aggressively fight every single unemployment case they are ever faced with - unethically at that.

    My question is this. Do employers, at least in my state, usually win or lose on appeal if the employee was originally granted benefits?

    Second, obviously it is hard to prove they're lying...But is there any recourse I have in the event I lose?

  • #2
    Do employers, at least in my state, usually win or lose on appeal if the employee was originally granted benefits? I don't know that anybody tracks those odds, including the State. In any event, they'd be completely irrelevant. All that matters is whether YOU were discharged for a reason that would prevent you from receiving benefits under your State's UC statutes.

    Second, obviously it is hard to prove they're lying...But is there any recourse I have in the event I lose? . Such as suing your employer for slander because they lied about something? No. If the company rep lies at the hearing, he/she is engaging in perjury but I've never heard of the State going after anyone for perjury at a UC hearing.

    Just tell your side of the story at the hearing and cross your fingers. If the employer is slinging a bunch of hooey, the hearing examiners can usually tell.

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    • #3
      Originally posted by Beth3 View Post
      If the company rep lies at the hearing, he/she is engaging in perjury but I've never heard of the State going after anyone for perjury at a UC hearing.

      Just tell your side of the story at the hearing and cross your fingers. If the employer is slinging a bunch of hooey, the hearing examiners can usually tell.
      Agreed. Although I worked for a company in the 1980s where the employer would routinely not just challenge a UI claims but lie their hinny off. We were not directly punished, but apparently Hearing Officers talk to each other, and fairly shortly even HOs we had never seen before were assuming that anything we said was a lie.

      Never assume that the HO is a dummy. And any employer who routinely lies to HOs is IMO really dumb. Credibility is everything in these hearings and employers who throw away their credibility generally are slow to get it back.
      "Reality is that which, when you stop believing in it, doesn't go away".
      Philip K. **** (1928-1982)

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      • #4
        Stay calm on the phone. Tell the officer why you were terminated, what was said at the meeting, and leave it at that. If they have come up with 20 pages on your misconduct, chances are the officer has already figured out what is truly going on. You can refer to the report just briefly in your statement. Something along the lines of, "There was a long list of misconduct in their response, and I can honestly say that I never did any of the things they accused me of. While the reason for termination involved X, I never did A, B, or C." Leave it at that, and do not get emotional. Let the hearing officer decide who to believe.

        Good luck to you.

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        • #5
          In my experience it is about 50-50 as far as appeals go. It is rare for an appeal after a hearing to be overturned but it is much much more common for benefits to be revoked after a hearing. The state tends to err on the side of the employee in granting benefits based on the initial application.

          What happens after the hearing is another matter. I'd say at least 50% get overturned post hearing, in large part because so many are approved which no question should not be. It is harder to say what happens after the initial hearing as these things can drag on for quite some time and every case is different. It is kind of like asking if most who are arrested are convicted. There are too many factors to allow pure odds to predict how your case will turn out. I contest very few as I have better things to do than fight UC if the person should qualify. The ones I do contest I typically win. Obviously an employer who contests all claims is going to win fewer.
          I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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