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!
Illinois employers take note! The Illinois Department of Employment Security (IDES) has a new notice on its website addressing the remarkable expansion of unemployment insurance benefits under the federal stimulus package known as the CARES Act (Coronavirus Aid, Relief and Economic Security Act).
Yesterday, Congressional leaders passed a historic federal stimulus package in response to the novel coronavirus (COVID-19). The bill now travels to The House of Representatives for approval before being signed by President Trump. The legislation includes a new pandemic unemployment assistance program, which would provide unemployment insurance benefits to those who are unemployed, partially unemployed or unable to work because of the virus and don't qualify for traditional benefits. This includes independent contractors, the self-employed, and gig workers, who typically aren't eligible for unemployment insurance benefits.
Many clients are convinced that it is "hopeless" to protest the often disappointing results of an Illinois Department of Employment Security (IDES) audit and then win at a Hearing before an IDES Hearing Officer.
Over the many years in which I have represented Illinois companies before the Illinois Department of Employment Security (IDES), I have seen the activity level of the IDES ebb and flow.
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 insurance benefits due to misconduct.
It often happens that an employee tells the employer that the employee is quitting...but later the employee claims the employer really fired the employee.
There are many good reasons for which a company fires one of its employees. Some of these reasons are: