Reconsideration and appeal????

by Shawn

(Chicago)

I was fired for “misconduct”….that state didnt agree the behavior rose to that level so i was granted my benefits after a phone interview. My former employer requested reconsideration and the state again decided in my favor. What exactly is the reconsideration process and why does the employer have “another” option to appeal? What could possibly change between the reconsideration and the appeal? Isn’t the employer required to submit their evidence in the beginning?

Hi Shawn,

No, they are not required to submit complete separation information .. they just have to respond in Illinois on time. IL will accept a generic protest and even a repeat with the request for reconsideration.

How do you know they have no other evidence to submit?

It’s just the way Illinois does it .. first the determination, then the request for reconsideration, and finally an unemployment appeal hearing .. and Shawn, that is the hearing you had better be preparing a case for to make sure the employer cannot argue effectively that the determination was incorrect.

Not all states routinely require a re-determination step .. which is what a request for reconsideration is.

They may only have to provide a first hand witness to the misconduct and if they are perceived as more persuasive or credible than you and your witnesses by the hearing officer .. you’re done for.

Or maybe, just maybe by the time of the hearing if they didn’t send documents in with the appeal .. they will submit them right before the hearing.

Chris