Protecting Employers Since 1985

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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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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Legislative Update: Key Changes to the Illinois Human Rights Act New Employee Rights and New Requirements for Employers

By Anthony J. Caruso Jr. / January 25, 2019

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…

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Don’t Fall Asleep On One Of The Most Important Due Dates Regarding Your IDES Audit!

By Nancy E. Joerg / December 13, 2018

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.…

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It’s Easier for Illinois Employers to Win Before the IDES on Cases involving Misconduct

By Nancy E. Joerg / August 13, 2018

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…

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Help! I Just Found Out I Am Going To Be Audited By The IDES!

By Nancy E. Joerg / June 20, 2018

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…

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Watch Out For Minefields in the IDES Worker Relationship Questionnaire: Proving Your Independent Contractors Are Not Misclassified

By Nancy E. Joerg / October 24, 2017

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…

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IDES Notice of Determination & Assessment: Five Top Questions Illinois Companies Ask About Protesting it!

By Nancy E. Joerg / July 21, 2017

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…

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IDES Audits Can Catch You With Your Guard Down

By Nancy E. Joerg / April 21, 2017

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…

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