Protecting Employers Since 1985
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.Read More
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…Read More
IDES Audits Are Resuming!: Illinois Companies Who Use Independent Contractors Should Prepare Prior To Receiving A Notice Of IDES Audit!
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…Read More
Legislative Update: Key Changes to the Illinois Human Rights Act New Employee Rights and New Requirements for Employers
On June 8, 2018 and August 24, 2018 respectively, Governor Bruce Rauner signed into law a number of amendments to the Illinois Human Rights Act which in the State of Illinois regulates discrimination claims due to a protected category, disability or sexual harassment claims. New Employee Rights The time to file a charge before the…Read More
I’m writing this article because of a crucial due date that a new client of mine missed (prior to becoming my client). This Illinois company was audited by the Illinois Department of Employment Security (IDES)-we were not their attorneys at that time. After auditing the Company, the IDES auditor reclassified the workers to employee status.…Read More
This article is to remind Illinois employers about an important amendment to the Illinois Unemployment Insurance Act (which took effect over two years ago on January 3, 2016). The amendment broadened the misconduct definition by adding eight work-related behaviors which automatically disqualify the Claimant (i.e., ex-employee who filed for unemployment insurance benefits) from receiving unemployment…Read More
What Should Our Company Do?! As an attorney who has been helping Illinois companies with these kinds of sudden IDES audit notices for the last 30 years, I am well aware of the panic that often sets in when an Illinois company opens a letter from the Illinois Department of Employment Security (IDES), and it…Read More
Watch Out For Minefields in the IDES Worker Relationship Questionnaire: Proving Your Independent Contractors Are Not Misclassified
If your Company is audited by the Illinois Department of Employment Security (IDES) and you use independent contractors, you will (almost always!) be asked to complete the IDES Worker Relationship Questionnaire for each group or type of independent contractor. PURPOSE OF QUESTIONNAIRE: The purpose of the Worker Relationship Questionnaire is to elicit enough factual responses…Read More
IDES Notice of Determination & Assessment: Five Top Questions Illinois Companies Ask About Protesting it!
Once an Illinois company is audited by the Illinois Department of Employment Security (IDES), the IDES auditor will send his/her findings to another division of the IDES that is in charge of putting together the tax bill from the audit. The tax bill is known as the Notice of Determination & Assessment (commonly referred to…Read More
This article is being written as a cautionary tale for readers who are interested in how to have a good outcome in an Illinois Department of Employment Security (IDES) audit, especially where independent contractors (1099 workers) are at issue. I have been helping Illinois companies to defend against IDES audits for almost 30 years, and…Read More
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