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I think I may be denied unemployment for refusal of employment

by Stephanie
( IL Unemployment Benefits)

Question: I think I may be denied unemployment for refusal of employment because the hours weren't doable hours.


I was laid off on 1/6/09 due to the economy. I was a staffing consultant for a staffing service. My ex co-worker text me--not called me on 1/16/09 regarding a temporary 3 week position. I stated via text message that i could not take the job due to the hours. My hours while I worked at the staffing agency were 8-5:30pm when I started in May.

Once my daughter started back to school my hours were changed to 8:30-5:30pm because I am a single mother and have to drive my daughter to school. The staffing service tried to offer me a position where the hours were 8-4:30pm; knowing I would not be able to take the position due to me needing to take my daughter to school. the staffing service turned this into to the UI office as a refusal of work. I have seen my old boss due this to many people to try to get out of paying unemployment benefits. I feel that I have shown good cause for refusing this offer.

I had my hearing but the gentleman conducting the hearing was not very nice. I even turned in my phone records to prove the staffing agency never called me regarding the job offer and standard protocol is to call potential
employees for work, not text or email them.

I am a single mother, raising her daughter alone and I am not on any kind of welfare. This is really upsetting me because I feel as though I am being portrayed as someone playing the system.

I don't know what to do.




Answer:

Hi Stephanie,

Ouch!! A refusal of suitable work is basically treated just like a voluntary quit...and good cause needs to be shown for the refusal.

This hearing you were at...was the employer there also? Or was it a claims adjudicator calling for more information in response to the employer notifying them you had refused suitable work?

I would suggest informing yourself of the issue by exploring the Illinois Unemployment Law Handbook

Since I'm not positive of exactly where you are in the process, the gentleman you spoke with may have just been gathering information before deciding about a request for reconsideration.

If the employer was also on the phone, or at least, should have been, it was a hearing and the decision will arrive soon.

Hearing decisions can be appealed of course with a written argument to a board of review, but I strongly suggest being represented at the first level appeal hearing by an experienced unemployment hearing rep.

Illinois does not require hearing representation to be a lawyer.

I am able to put you in touch with experienced Illinois Unemployment Representation





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Feb 26, 2009
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by: Anonymous

It was a phone call and no the employer wasn't on the phone. I was online doing research and looking @ other cases to gather sufficient supporting evidence. It just amazes me that My "ex" boss is doing this. She knew I wasn't going to be able to take the position but had my old co-worker call and offer it to me so she could turn it in as a refusal. Seeing I worked for her in the staffing office I watched her do this to many people.




Prime example of a lie she told the adjudicator. she stated that my co-worker called me on a specific date. So i had my phone records pulled and turned them into the u.e. office showing they infact NEVER called me. I plan on fighting this if the final decision comes back as a denial of benfits.

Thanks for any and all information or leads on where i can find information to help my cause.

Stephanie



Doesn't surprise me. I know of an employer who insisted on fighting an unemployment claim when they fired a guy for no call/no show...after they found out he was a no call/no show because he had a heart attack and was in intensive care...there argument was he should have had a family member call.

I tried to download a pdf I think would be helpful for researching but it was big one (794 pages). If you do a search for "Illinois unemployment precedent manual" it should come up first. It looks like you can buy a copy for $25.
I'd call an appeal office and see if they can help.

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