Unemployment - Help with Case filing

[liddell99]

What is the name of your state (only U.S. law)? Illinois

Hello All,

I used to work in Illinois (till last July) and got laid off due to downsizing. I received generous package as part of layoff but I was also allowed to collect Unemployment while getting Severnace as per Illinois State law. Being International, I didn't know about this and only came to know after I started the new job. As per Iliinois law, lack of knowledge isnt an exuse but can be considered to pay the resident even if he/she applies late. And so I did, but Unemployment Security Agency (IDES) rejected my claim and my last resort is to go through Circuit Court. My only problem is when I try to efile the case, under Civil Division I have the following options to chose and I cant figure out which subcategory it falls under. Can anyone with knowledge about this please shed some light? These are the options - Admin Review(Parking Violation), Admin Review(Ordinance Violation), Breach of Contract, Breach of Warranty, CHA Forcible Entry and Detainer Complaint filed, CHA Joint Action Complaint filed, Confession of Judgement, Consumer fraud, Crminal Ordinance Vioaltion, Detinue, Distress for rent, DRAM Shop, Forcible (Possession), Foreign Transcript, Fraud, Housing, International Tort, Joint Action, Objection to fast track demolition, Petition for discovery, Petition to register foreign judgement, Product liability, Property damage, Registration of administrative judgement, Replevin, Statutory action, Tort, Vacant building.

I know some are obvious but I wanted to present all options since I cant figure out which one to chose !!

I really appreciate your help.

Thanks,
Jeevan

 

[Zigner]

I don't think you're going to be able to successfully apply for and receive unemployment insurance at this point. You should have applied when you were actually unemployed. It's not retroactive if you never applied.

 

[liddell99]

Unemployment Benefits - Illinois

I did apply last September right after I knew I was eligible but hte reason for denial they gave me was that I knew about this but thought I wasn't eligible which wasnt the case. I had go through mutiple appeals regarding this and they kepot rejecting me stating the same reason. I am not sure why they feel that way and I would like to present myself in the court to discuss the case.

Thanks,
Jeevan Yerraji

 

[commentator]

Coulda woulda shoulda. You were not eligible at the time you were unemployed because you did not file a claim during that time. You've now gone back to work. End of story. Let this go. If you want to file a claim now, actually, you can if you haven't already, you can FILE a claim at any time, including during a period when you are working, but you won't be eligible until you are actually unemployed, and able, available and actively seeking other work. That's the federal law on the subject. If, as I suspect happened, you actually filed a claim to take through this whole departmental appeal process, you still didn't qualify, did you? Even though you may've been monetarily eligible, you didn't do what it would've taken to get unemployment, which may include registering for work and making work searches and certifications while you are UNEMPLOYED.

Each claim sets up for one year from the date of filing and would be still be valid IF you happened to become freshly unemployed and meet the qualifications. The unemployment qualifications are clearly spelled out by federal unemployment law. You aren't going to be able to go to anybody and argue with them about how you should be paid now for something you did not file for when you would've been eligible for it. Taking this claim to civil court would be a tremendous waste of time, I doubt if they'd even agree to hear the case.

Not filing for whatever reason simply means you don't get to be certified, determined eligible, and you certainly do not get a do over, and to get back paid because you simply didn't file due to lack of knowledge about the unemployment program. It is NOT going to happen. Every worksite is required to have posters in the break room or another public spot about the employees right to worker's comp, minimum wage and unemployment insurance. That's considered letting you know about your rights. You are the one who makes a decision to file a claim or not file a claim. That you didn't file because you didn't know you might be eligible means you don't get it. You can keep looking for a place to appeal this, but if you have gone through the agency channels and been denied, which of course you were, there's nowhere else to go. Give it up.

 

[Dandy Don]

Who told you that your next step would be to go to Circuit Court? The E-File system is not giving you an option because they most likely do not hear unemployment cases.