Notice of claim filed was returned late.
Once the employee files a claim for benefits, a Notice of the Claim is sent by IDES to the claimant’s last employing unit. The employer's "experience rating" will be chargeable if benefits are paid to the claimant. An employer that receives this Notice and believes that the claimant is ineligible to receive benefits (see 820 ILCS 405/620 et seq) must immediately (within 10 days of receiving the IDES Notice) file a letter or a Notice of Possible Ineligibility (See IDES form UI(ILL) BIS 32 and 56 Ill. Admin Code 2720.130(c)) in order to initiate the process to protest the claim and have the claimant's eligibility determined by an IDES Claims Adjudicator.
So,if an employer did not file a Notice of Claim within the mandatory 10 days that Illinois requires, does that make the Notice of Claim null and void and the possible ineligibility no longer valid?
I would say your assumption is correct .. and is probably the reason that all Illinois unemployment hearing notices have in addition to the issue regarding separation i.e., quit with or without good cause or fired for misconduct or not .. the issue of timeliness of protest ..
But, there's always seems to be a but. I dealt with this issue on a regular basis. I always verified an Illinois protest was timely because of the perpetual presence of the issue of timeliness.
If it was not, I would then investigate as to whether the untimeliness was defensible .. usually due to the fault of the state not sending it to the proper address of record .. or providing a witness
that could testify to mail procedures and date of receipt.
But, because the question is a good question, I went looking for confirmation that what you believe the rules are saying .. that a failure to respond to notice of claim filed in a timely manner, nullifies appeal rights of eligibility .. not findings of untimely protest.
I found this in "fast facts for employers""To Contest a Claim, use the Notice of Claim form and protest either the claimant’s eligibility or your status as chargeable employer -- or both. You have 10 days to file. It is important that you reply by the due date indicated on the form; otherwise, you forfeit the right to appeal any subsequent decisions. After
you file your protest, you will receive a Notice of IDES’ Determination."
Which I believe is reiterated on page A-103 (Sec. 2202) of IDES Rules pdf
But even an employer that was ruled late can appeal and get their hearing to address the validity of an untimely protest finding.
And since I truly can't tell whether I being asked this question by and employer or a claimant .. I will say that when an employer's protest is taken out of the picture .. it does not mean there will be an automatic finding of eligibility.
Claimants often self-disqualify themselves and although some states take away an employers rights to appeal on grounds of eligibility .. some states don't exclude them from attending a hearing if the claimant appeals where there is that ever present timeliness issue.
This is an appeal question .. which is where I moved it to.