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Illinois Unemployment Case Law
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243 Strikers
243 tire plant workers were disqualified from Unemployment because they were on strike. So they all got short term jobs -- some as short as a few days -- and qualified. Now the charges land on the tire factory. The court says they collect. Three judges dissent.
AFM Messenger
Once again, a company fails in its contention that workers are independent contractors.
A Bank
A bank objected to the Department of Employment Security inspecting its books. The court says they get to see them.
Bailey & Assoc.
He does not have to pay Unemployment tax on his salesmen because they are independent contractors.
When the company was sold, he was let go. He applied for unemployment, but was denied. He appealed, but lost. Then he appealed for board review. Finally, when he tried to go to court, he was denied because the court did not issue sumonses within the time limit.
She kept on calling off.
He drove checks from the bank to the Federal Reserve. The bank regards him as an independent contractor. The whole thing seems to hinge on the question of whether the automobile he uses is a truck or a car.
Good grief. The store has a videotape showing him stealing, and yet he collects, because at a telephone hearing the tape was not put into evidence.
They sell carpet. Sub-contractors install it. They do not have to pay unemployment on the sub-contractors.
Appealed too late. Missed the deadline. That's it.
Catamount Cargo
An appeal must name the "administrative agency". Therefore, they directed their appeal to the Illinois Department of Employment Security. Alas, in legalese, the "administrative agency" means the Director of Employment Security. This silly quodlibet will cost them over 24 grand plus lawyer fees.
He was fired for putting a "Scab" sign on his truck. He collects.
Caterpillar vs. strikers
Union members were fired for misconduct while on strike. They collect.
Caterpillar vs. Logan
He was messing around with a girl at work. When she broke up with him, he wouldn't give up. Now, he loses his job and unemployment as well as his girl.
Chicago Transit Authority
The CTA hired college students to cover for bus drivers during the Summer. Two of them didn't return to college. Now they want Unemployment. The CTA had them sign a paper at time of hire.
Two unions. One contract dispute. Shall any workers collect during the dispute?
A church sacristan objected to a controversial church school program on moral grounds.
A school bus driver wants to collect Unemployment during the Christmas break. The court says no.
Emergency Treatment
These emergency room doctors are employees, not contractors, and Emergency Treatment is required to pay unemployment taxes on their wages.
A dance intructor's hours were cut way back. So she told the lady who owned the dance school that she was going to file for partial unemployment. The dance school owner got mad and fired her for that.
A church musician quits because she doesn't get along with the choir. The church hires someone to represent them at the unemployment hearing.
The IDES goofed and taxed them at too high a rate. It took a while, but they finally got a credit for the overpayment. Later on, the IDES reversed the credit, without telling them a thing about it. By the time they found out and protested, the time limit was up. The court says too bad.
When they fired him, they continued to pay him $2300 a week and his benefits. But that's not enough; he wants to collect unemployment on top of it.
An Avis employee lost his job when he lost his required drivers license.
Arrested for drunk driving. Was required to report this to the employer, but didn't.
A college instructor teaching reduced hours during summer applied for unemployment.
Laid her off; but offered her a high paying job only 30 minutes away. She declined.
They say she slapped a patient; she says she didn't. But the apeals court does not reweigh evidence. That's left to lower tribunals.
Local 1
Workers went on strike, and so were ineligible for unemployment. Within two weeks, the hotel had hired temporary workers to replace them, so the hotel was operating normally. Therefore, says the court, the strikers are now eligible for unemployment.
Their appeal named the claimant, the state agency, even the head of the state agency. Id did not name to Board. Therefore, it's thrown out.
Fired for leaving a nasty message on a colleague's home answering machine.
Pathetic. A retired woman cannot collect a lousy $72 a week pittance unemployment because she's collecting social security.
A teacher's contract was not renewed. But he was offered a substitute job for the next year. Therefore, he does not collect.
She took early retirement. She wants to collect retirement and unemployment at the same time. 1041826.html
She is a full time student. Students are ordinarily ineligible for unemployment. But she is a security guard. Security guard hours rarely conflict with school hours.
His elected office as township supervisor disqualifies him from unemployment because the court says he is not unemployed.
National Data Services
A data service must pay unemployment taxes for data input people who work at home.
N.Y. Carpet World
They wanted to appeal a Board of Review decision, but just because they put the wrong name in the wrong space on their legal paper, the court won't let them have a chance.
He quite when they required him to drive too far. He started his own seasonal business. Once the season was up, he applied for unemployment.
She says the reason she fell asleep on the job was she took a Tylenol, and therefore her misconduct was not intentional.
She was fired after just one minor spat. She collects.
Pet Rescue
Pet Rescue has to pay the unemployment tax.
She handed in a letter of resignation, saying she had problems with her supervisor, gathered her stuff, and left. The supervisor asked her to come back to work, and she did. That supervisor was suspended. Now her resignation was accepted.
An employer is allowed to appoint someone to represent them at a hearing. That person does not have to be a lawyer.
He says he doesn't live at the address he gave them the day before they mailed him a notice, that's why he never received the notice, and that's why his appeal was filed too late.
Van Milligan
His appeal dies a procedural death because he did not name the Board as a defendant in his complaint.
They won't consider his appeal because he did not list every possible party on his appeal.
A cop conducted background checks on people in order to sell the results to a private eye.
Head start teachers can collect unemployment.
He says there was no work. They say he quit.
Attendance issues not misconduct because circumstances imperfectly known.
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