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Illinois Department of Employment Security (IDES) Archives

Illinois Employers Should Be Hyper Alert to an Employee's First 30 Working Days

Recently a client asked if she could fire an "at-will" employee who was working less than "90 days." Within this question, I could see many employment law concerns colliding with each other and causing confusion.

Five Key Questions Regarding IDES Follow-Up Audits

I am getting an increasing number of phone calls from very nervous people who have heard that the Illinois Department of Employment Security (IDES) is now auditing Illinois companies based solely on the fact that the company had a prior IDES audit involving alleged "misclassification of independent contractors" ("follow-up audits").

Illinois Supreme Court Finds that IDES was Mistaken in Denying Unemployment Benefits

In this case, American Airlines looks like a harsh and unreasonable employer. The Claimant was an American Airlines employee who was fired by American Airlines for merely helping a passenger obtain a seating upgrade and also giving the passenger some champagne for the flight.

Is Your Company's Unemployment Rate Giving You a Headache? It's Time to Start Lowering It!

Every year I receive telephone calls from clients in the month of December cursing the IDES up and down regarding their new unemployment rate. I try to explain that the Company is ultimately in control by protesting, appealing, and probably appealing again. It is a good time to take control and begin to lower your rate!

The IDES Starts Flexing its Personal Liability Muscle

Many are not aware that the Illinois Unemployment Insurance Act ("IUIA") contains a personal liability section against business owners, officers, and directors; however, the agency rarely enforces the provision-until now! Starting in 2012, the IDES began using this valuable tool to squeeze contributions directly from the business owners, officers, and directors. The law specifically provides that "any officer or employee of an employer who has control, supervision, or responsibility for the filing of reports or the payment of contributions, payments in lieu of contribution, penalties or interest for the employer and who willfully fails to file the reports or make the payments," will be personally liable.

Wessels Sherman Secures Huge Victory Under Illinois Unemployment Insurance Act Misconduct Case

On December 3, 2012, the Illinois Appellate Court-First Division agreed with Wessels Sherman's interpretation of the Illinois Unemployment Insurance Act, under the "misconduct" section and reversed the Board of Review's decision.

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