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Hours: 8:30 - 5 CST, M-F

Top 5 Helpline Call Topics:

• FMLA
• Exempt v. Non-Exempt
• Meal and Break Periods
• Final Compensation
• Discipline and Termination

Delighted Clients Speak:

"I am amazed at how quickly I get solutions to my biggest headaches. HR Helpline is able to help me with all of them."

- Sue Manning,
Yoshino Corporation, University Park

"The Chamber HR Helpline is probably one of the most valuable services I've used in my 30+ years in the personnel area."

- Dee Diggs,
Ruckers Candy, Bridgeport

December 2008 HR Helpline Frequently Asked Questions on Unemployment Eligibility

Q. When is an employee eligible for unemployment?

A. An employee who meets all of the following requirements is eligible for benefits:

• The employee earned at least $1600 in covered employment during their base period (a 12 month period defined as the first four of the last five completed calendar quarters before the effective date of the individual’s claim for unemployment insurance), with at least $440 earned outside the highest quarter of earnings.
• The employee is not unemployed as a result of a disqualifying separation. (See below what are disqualifying reasons).
• The employee is physically able to work, available for work, and is actively seeking work.
• The employee properly registered at an employment office.

Q. When does an employer become the “chargeable employer”?

A. The employer who last employed the applicant for 30 workdays (days physically worked, not calendar days, not paid days off, not days scheduled that the employee didn’t come to work). These 30 days do not need to be in consecutive periods. The exception to the 30-day workday rule is that the last employer that pays enough wages to permit an employer that had previously filed a claim and had been denied benefits to fully requalify for UI (Unemployment Insurance) benefits. This requalification may only take the individual four weeks.

Q. How long can an eligible employee receive unemployment?

A. Generally speaking, after a one-week waiting period a claimant may be eligible for 26 weeks of unemployment.  However, during certain economic conditions, state and federal law may provide for extended benefits.  Recently in Illinois, claimants became eligible for up to 13 weeks of extended unemployment for weeks starting on or after July 6, 2008.  Then on November 21, 2008, a new federal law was passed to grant an additional 7 weeks of benefits, for weeks beginning on or after November 23, 2008.  To read more about the extended benefits available go to http://www.ides.state.il.us/ and http://www.ides.state.il.us/pdf/euc/overview.pdf.

Q. When is an employee disqualified for unemployment?

A. A few of the most common reasons for ineligibility are:

• Voluntary quit for a reason not attributable to the employer.
• Discharge for misconduct. Misconduct is defined as the deliberate and willful violation of a reasonable rule or policy of the employer governing the employee’s behavior in performance of the work, provided such violation has harmed the employer or other employees, or has been repeated by the employee despite a warning or other explicit instruction from the employer. Absenteeism, insubordination, and violation of company rules can be considered misconduct. Documentation is crucial here for employers. A written company policy that the employee has signed showing that they have received this policy, as well as written warnings for past infractions of the policy prior to termination show that the employee was aware of the policy and deliberately continued the behavior despite knowledge of and warnings about such behavior. These documents can be key for an employer to successfully prove an employee is ineligible under the misconduct rule. Remember, poor performance that is not willful or deliberate is not considered misconduct.
• Refusal of a suitable job without good reason. Prior earnings, education, and experience are considered in determining what is deemed suitable.
• Discharge for felony or theft in connection with work.
• The claimant is unable to work, is unavailable for work, or is not actively seeking work. Examples are:
  • an employee that is physically unable to work due to a medical condition.
  • if a claimant does not have adequate childcare for their children and cannot go to a job because there is no one to care for their children they are unavailable for work.
  • claimants must regularly inform IDES of their efforts to secure employment. Failure to due this would be cause for disqualification.

Q. What are the protest and appeal procedures available?

A. There are four levels involved in the administrative process. They are:

• The local Unemployment Insurance Office claims representative gives a written determination in response to the employer’s written protest.
• A referee’s hearing in which both the employer and the employee have an opportunity to tell their stories in either an in-person or telephone conference call.
• The Board of Review, in which the transcript of the hearing and all relevant documents are reviewed by the Board.
• The courts
  

Q. Where can I find more details regarding unemployment?

A. The Unemployment Insurance Benefits Handbook is on the Illinois Department of Employent Security website.