Unemployment Symposium Lisle

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Critical Issues On The Agenda

I.  Legislative Changes – Shattuck & Associates Consulting

10:15 to 10:45 am

1. Changes under Illinois’ Unemployment Insurance Laws
2. Future Proposals

II. News & Updates from the IDES – Director, Jay Rowell

10:45 to 11:15 am

III.  General Unemployment Insurance Issues – SmithAmundsen
11:15 to 11:45 am

1. Purpose of Unemployment Insurance
2. Unemployment Jurisdictions
3. SUTA Dumping – State Changes as the Result of Federal Legislation
4. State Interests in Enforcing UI Laws
5. Employer Interests in Enforcing UI Laws
6. Employee Interests in Enforcing UI Laws    
7. Private Employers
8. Public Employers

I.          Nonprofit Organizations

IV. Determining Employee Eligibility for Benefits – SmithAmundsen

11:45 to 12:15 pm

1. Employee or Independent Contractor?
2. Core Requirements for Eligibility of an Employee
   1. Sufficient base period wages in covered employment
   2. Registration and availability for work
   3. Reasonable and diligent search for work
   4. Periodic certification of benefits claimed

12:15 to 1:00 pm LUNCH PROVIDED

V. Disqualification of an Otherwise Eligible Employee  - SmithAmundsen

1:00 to 2:15 pm

A.   Complete or Partial Disqualification

1. Discharge for Misconduct
   1. Effect of a “Misconduct” finding
   2. Determining factors for “Misconduct”
   3. Specific cases and problems
      1. Attendance problems
      2. Insubordination, harmful attitude, professionalism
      3. Dishonesty, theft or felony in connection with work
      4. Job performance
      5. Effect of performance on employer
2. Voluntary Termination or Resignation
   1. Effect of a voluntary termination or resignation finding
   2. Determining factors for “Voluntary”
   3. Specific cases and problems
      1. Constructive discharge-“forced to quit”
      2. Constructive quit – need for intent
      3. Acceleration of voluntary termination date by employer
3. Refusal of Suitable Work
   1. Effect of refusing suitable work
   2. Effect of rejecting offer of new work
   3. Recall by former employer
   4. Reasons to reject suitable work
      1. Significantly lower wages or skills
      2. Other “good cause”
4. Unavailable for Work
5. School Personnel
6. Athletes
7. Labor Dispute
8. Alien or Undocumented Workers

VI.  Mechanics of a Claim for UI Benefits  - SmithAmundsen

2:15 to 2:30 pm

1. General Process
   1. Initiated by employee as  a UI claimant
   2. UI Office contacts employer
   3. UI Office calculates benefits, if any
2. Challenging a Claim
   1. Challenge by employer
   2. Challenge by UI Office
3. UI Determinations

VII.   Basics of Litigation—Appeal of Decision or Determination – SmithAmundsen

2:30 – 3:00 pm

1. General process
   1. Very fast-paced compared to other forms of employment litigation
   2. Statutory and regulatory process
   3. Most common litigation issue is whether termination disqualifies from employee from benefits, not amount of benefits
2. UI Office Issues Determination on Eligibility
3. Appeals Rights—Either Party May Appeal Decision or Determination
4. Further Appeal Rights – Exhausting Administrative Remedies

E.         Administrative Review in the State Courts