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Employer's reason at termination

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  • Employer's reason at termination

    In Illinois, what is the employer required to go by when they give you the reason for termination?

    It was closing time on New Years Eve and at my firing, I was told "it wasn't working out." Since I am a positive person, I considered my termination to be a learning experience.

    The next business day I applied for unemployment benefits. Six days after my departure (3 business), I received a letter from my employer stating I had been terminated for misconduct and had better think twice about pursuing an employment claim against his company. The claim was initially challenged, but was subsequently approved.

    There was a company policy on not using the internet. Additionally the employer made an announcement to the staff 1 month before I was fired about the need for security and internet use. Since I was considered part of the management team and In the course of a business day, I used the internet for research and presentations I didn't give the announcement much weight.

    Now I find that my claim is being appealed and I have to attend a hearing. I have heard that it is common for employers to say one thing at discharge (so a confontation doesn't ensue) and then provide notice of another reason later.

    Doesn't the employer have to stand by his original reason for releasing me from his employment?

    FYI: I'm not looking to sue. I just don't want to lose the 3 weeks of UI benefit $$ I received before getting my new job.
    Last edited by theglassishalffull; 03-04-2006, 12:16 AM.

  • #2
    No, there is no law requiring an employer to "stick by their original reason". For one thing, they may find things after the person has already left that affects their attitude towards unemployment. Also, sometimes an employer simply is not comfortable telling the employee specifically why they are being let go and chooses to soft-pedal it, but provides additional detail to the unemployment board.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.