Protecting Employers Since 1985

IDES “Voluntary Leave” Unemployment Insurance Issues Including A Look At Leaving Because Of Covid-19 Vaccination Mandate

By Nancy E. Joerg / September 28, 2021

Illinois employers often believe that if an employee quits, that employee is not eligible for unemployment insurance benefits. While this is generally true, many legal issues can arise that may muddy the waters. Let us look at the unemployment insurance law in Illinois with regard to voluntary leaving. Under Section 601 of the Illinois Unemployment…

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Proving Misconduct Before The Illinois Department Of Employment Security (IDES)

By Nancy E. Joerg / July 27, 2021

When firing an employee and the firing is for misconduct, it is extremely important to think through how you are going to prove the employee’s misconduct. Strategic planning prior to firing the employee is crucial. If you think through these issues thoroughly, your batting average at winning IDES misconduct Hearings will go up dramatically.

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Employee Handbooks: Policies Illinois Employers Should Be Sure to Include

By Nancy E. Joerg / May 29, 2021

There is no legal requirement that an Illinois employer must have an Employee Handbook. However, most Illinois employers do have an Employee Handbook because 1) it is a convenient way to distribute the employer’s policies to its employees and 2) there are certain legal protections that having an Employee Handbook brings to an employer. In…

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Illinois Employers Ask: Why is the IDES Auditing My Company?!

By Nancy E. Joerg / March 24, 2021

One of the most frequent questions that Illinois companies have asked me over the years is, “Why me?” They want to know why the Illinois Department of Employment Security (IDES) has selected their company to be audited. IDES auditors have a legitimate and important function: to make sure that Illinois employers are paying their fair…

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The Ten Most Common Questions Illinois Employers Ask About the Use of Severance and Release Agreements for Terminations

By Nancy E. Joerg / January 26, 2021

Employers often like to use Severance and Release Agreements when terminating employees because this process brings closure to what could be a potentially litigious situation. A Severance and Release Agreement is a contractual exchange between the two parties: the employer and the employee who is being let go. The employer gives the employee severance (money…

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IDES Audits: Burden of Proof is on the Company – Don’t Take a Passive Approach!!

By Nancy E. Joerg / December 16, 2020

When companies are suddenly audited by the Illinois Department of Employment Security (IDES), these audited companies start out assuming that they are “innocent until proven guilty” on the independent contractor issue.  WRONG! The legal requirement for an audited company using independent contractors is that the company is presumed by the IDES to be the legal…

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IDES Audits Are Resuming!: Illinois Companies Who Use Independent Contractors Should Prepare Prior To Receiving A Notice Of IDES Audit!

By Nancy E. Joerg / September 10, 2020

We are seeing Illinois Department of Employment Security (IDES) audits starting to resume! When an Illinois company who uses independent contractors is audited by the IDES, the company often thinks they are “innocent until proven guilty” on the independent contractor issue. WRONG! WORKERS ARE PRESUMED TO BE EMPLOYEES: The legal requirement for a company using…

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Illinois Companies Using Independent Contractors Must Now Handle IDES Notices of Claims: What Should Illinois Companies Do?

By Nancy E. Joerg / May 7, 2020

We now know the basic outline of how the Illinois Department of Employment Security (IDES) will process independent contractor unemployment insurance claims. The IDES issued a press release on May 5, 2020 about 1099 workers who have lost work due to COVID-19. The IDES press release states: “Workers who believe they may be eligible for…

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Employers in the COVID-19 Era Need to Have a Good Grasp on Unemployment Insurance Issues: Things are Changing Fast!

By Nancy E. Joerg / April 27, 2020

UNDERSTANDING THE UNEMPLOYMENT INSURANCE SYSTEM IN AMERICA: Unemployment insurance benefits in the United States started in Wisconsin in 1932. Then came the Social Security Act of 1935 in which the U.S. Federal government encouraged individual states to adopt unemployment insurance plans. In today’s world, the unemployment insurance system across America is run differently in each…

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The Latest from the IDES Regarding Independent Contractors: What Has Changed in the COVID-19 Era?

By Nancy E. Joerg / April 14, 2020

As I write this article in the COVID-19 era with the purpose of assisting Illinois companies who use independent contractors, things are moving rapidly in terms of new federal laws, regulations and state guidelines. Changes are occurring at the Illinois Department of Employment Security (IDES) with shocking speed! NEW REGULATIONS AND GUIDELINES CHANGING ALMOST WEEKLY:…

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