It is a frustration for employers ... the inconsistency and red tape of the Illinois Department of Employment Security.
There are steps an employer can take when contesting a claim that will put it in the best position to win.
In a hearing where misconduct is claimed, the burden of proof is on the employer to prove misconduct. Although an employee may very well have made a mistake during his/her employment that led to the employer terminating that employee, the employer needs to show not merely that the employee was negligent but rather that the employee’s conduct rose to the level of constituting misconduct - which is a substantially higher burden.
In resignation cases, the burden of proof is on the employee to prove that the employee’s leaving of his/her employment was for good cause attributable to the employer.
Individuals should realize that the Referee Hearings are actual hearings with evidence taken and with there being numerous unwritten (or difficult to find) rules for how the hearings are conducted. The employer should be represented by an attorney or representative to position the employer in the best light.
Practice Tip: Use the forms provided by the IDES and keep it simple. The clearer you can be in contesting the claim (if it should indeed be contested), the better result you may get. Keep your argument free from unneeded details and ensure that your arguments mirror the language of the regulations. Negligence of a former employee is not enough ... it must be a purposeful violation of a work rule.
No comments:
Post a Comment