were can i get help understanding the board of reviews decisions?

Apr 04, 2009

unemployment review board
by: Anonymous

it says this is an appeal by the employer from a referes decision dated january 13 20009, wich dismissed an appeal from the claims adjudicators determination wich held that the claimant voluntarily left work with good cause attributable to the employer and is not subject ot disqualification under section 601a of the illinois unemployment insurance act. we are satisified that the employer filed a request for an address change, that the protest went to an old address and that the employer is a party to these proceedings. we have reviewed the record of the evidence in this matter, including the transcript of the testimony submitted at the hearing conducted by telephone on january 12, 2009 at which both parties appeared.the referee is asked to issue a decision on the merits of the case, that is, whether the claimant left work voluntarily with out good cause attributable to the employer. accordingly, we must remand this matter to the referee with instructions to schedule a hearing if the referee feels it necessary in order to reach a decision. the transcript of the prior proceeding is provided. should another hearing be deemed necessary and is scheduled, evidence from any prior hearing in this matter shall be incorporated into and made a part of the record before the referee and the referee shall issue a decision base upon all the evidence of the record. this matter is REMANDED to the referrrree with instructions.

This is what it sounds like to me. The employer did attend the hearing, but they never protested or they didn't protest timely. All IL hearing notices have the issue of whether everything was responded to or sent timely including claimant appeals. It sounds like the referee did not hear or did not consider testimony presented on the merits ( this just means the issue of whether you quit with or without good cause.) Because it states whether if it is "deemed necessary". I'd say and you would know for sure, if testimony was taken regarding "why" you quit. But the referee decision must not have addressed that issue, but only the employer's failure to protest.

The board is remanding it back to the referee because the employer has proven that the state erred by sending everything to an old address for which the employer has proven they changed the address with the state and they were not at fault for not protesting...the state was.

Now, you'll have to wait and see what the referee does, because the instructions from the board to the referee say it is up to the discretion of the referee to either make a decision on the merits from the existing evidence in the record or schedule another hearing to gather more.

Now, if you want to let me know why you quit and what evidence the employer presented .. I'll tell you if you should be worried or not.