Most workers who lose their job due due to no fault of their own are entitled to unemployment insurance benefits, according to FindLaw, usually as the result of a reduction in force. Usually it's fairly clear whether an employee quit, was fired for cause or was laid off.
But not always.
If the employer contests a Chicago employee's claim and it's not absolutely clear which party is correct, the Illinois Dept. of Employment Security often will schedule a hearing. And whether you hire a Chicago employment lawyer or go it alone, it's crucial to be prepared.
In more high-stakes cases, for example where there may be a question of improper classification or a wrongful termination, FindLaw tells us that employers often call witnesses and almost always are represented by counsel. In those cases, calling an Illinois employment lawyer is probably a smart call.
Unemployment hearings are just like other court proceedings; complete with cross-examinations, presentation of evidence and testimony from witnesses and experts. And like any other adversarial proceeding, it's rarely a "friendly" atmosphere.
So to get prepared, it might be helpful to first meet your Illinois employment lawyer and then approach potential friendly witnesses who might be able to help your case. Also, it's important to practice how you might respond to a given question or inquiry.
And regardless of the highly emotional nature of most disputed employment claims, showing your emotions or arguing with your former employer (or their attorney) will not help your case.
Decisions usually are mailed out between two and four weeks after the hearing. But go ahead and file for benefits while you're waiting. If you're unhappy with the decision and there is a potential flaw in the reasoning (ask your attorney), you have the option to appeal; but unemployment decisions rarely are reviewed on appeal.
Related Resources:
- When You Are Entitled to Unemployment Compensation (FindLaw)
- How to Represent Yourself in an Unemployment Insurance Hearing (PDF, MFY Legal Services)
- Unemployment Benefits Insurance: Are You Covered? (FindLaw's Law & Daily Life Blog)
- Browse Illinois Employment Lawyers (FindLaw)
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