How would I dispute a claim for unemployment insurance when the employee stopped showing up to work?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
How would I dispute a claim for unemployment insurance when the employee stopped showing up to work?
I had just received a notice of claim to benefit chargeable employer. It details
that a particular employee filed a claim for unemployment insurance. That
employee did not notify or request time off, she just stopped showing up even
when scheduled. On the claim, it labels the reason for separation as Discharged
fired. This is in the state of Illinois.
Asked on June 18, 2019 under Employment Labor Law, Illinois
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
If you formally fired her for this, you would reply in your letter that she was "fired for cause - unexecused and unauthorized absences" and then explain the circumstances. If you never formally fired her, your response would be "employee quit or resigned by abandoning her job and not showing up when scheduled" and again, explain the circumstances. (Note: you can resign by your actions, as well as in so many words.) Either being fired "for cause" (for wrongdoing) or quitting/resigning makes you ineligible for unemployment benefits.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.