I was fired in May of 2011, for misconduct (negative attitude). I took part in telephone hearing, and was denied benefits, due to the above. I appealed decision. I took part in appeal hearing. Former employer elected not to participate in hearing. They also failed to send in a timely protest. I received referee’s decision. I won the appeal, based on proof that former employer lied to Illinois Unemployment claims adjudicator. I proved that I was fired for nothing more than being a salaried employee, who called in sick. My appeal hearing was on 7-11-11.
Former employer is now telling UI office that on 7-6-11, I was offered my previous position with the company, and that the job was to start on 7-11-11 (same day as appeal hearing). I was not offered a job by this company. What I cannot understand, is that if former employer had actually offered me a job, and I did not take the job, starting same day as appeal hearing, why did employer elect not to participate in hearing, and address the issue at that time? They waited 3 weeks to claim they had allegedly offered me employment.
Anyway, I have another claims adjudicator interview coming up, and am wanting to know who the burden of proof is on. I have been told that former employer would be required to send me a registered letter, or something to that extent. Not only was a job offer never made, I received nothing in writing from this company. What can I do, other than deny ex-employer’s claim? Thank you for your time and attention in this matter.
Quasi legally speaking .. I believe the burden of proof that an offer of work was made should be on the employer.
So, I say .. let them produce evidence of a “bona fide” offer of work.
Imagine that, another after the fact strategy to throw a monkey wrench into unemployment benefit collecting.