Wheaton Unemployment Compensation Disputes Lawyer
Employment Law Attorney Helping With Denied Unemployment Claims in Wheaton, IL
Losing a job through no fault of your own can be financially devastating. The rising cost of living has made it more difficult for families to save money and build a financial cushion. Missing even a few paychecks is enough to send many families into a crisis where their housing is in jeopardy or their other basic needs cannot be met. Unemployment is an essential safeguard for workers who are laid off or dismissed without a finding of misconduct. If you were denied unemployment benefits wrongfully, you have the right to appeal. Some applications are denied because it is not clear whether an applicant meets a particular requirement or because a former employer is reporting different information than the applicant is. If you are involved in an unemployment compensation dispute, you should be represented by an experienced employment law attorney.
JSL Law, LLC is highly skilled in resolving unemployment compensation disputes. Dedicated employment law attorney Jolianne Alexander will do all she can to help you obtain the benefits you are entitled to as an employee. She has extensive legal experience working with both employees and small businesses, and handles all cases personally. You will always be able to reach her directly with questions and concerns about your case.
What Are the Requirements for Receiving Unemployment Compensation?
Not everyone who loses a job is eligible for unemployment benefits. When a claim for unemployment benefits is rejected, it is normally because there is a question about whether the claimant meets one of the requirements. The requirements include:
- Earning requirements - Workers must have earned a minimum of $1,600 during the preceding 12-month base period of employment, including at least $440 earned outside of your highest-earning quarter. This is to prevent people who work only sporadically and for short periods of time from claiming unemployment benefits. For example, if someone is retired but occasionally does odd seasonal jobs, he or she would probably not qualify for unemployment.
- Leaving work involuntarily - Unemployment is meant to protect people who have lost a job. People who chose to quit a job voluntarily cannot claim unemployment benefits. If you had to leave your job due to a hostile work environment, an employment law attorney may be able to help you file a claim on that basis. Employers will sometimes retaliate against employees who have engaged in a protected action like whistleblowing or taking FMLA by making the workplace so unpleasant the employee leaves.
- Not being fired for misconduct - People who were fired due to misconduct, such as sexually harassing a coworker or stealing from the employer, are not eligible for unemployment compensation. Misconduct is different than being fired because the job was not a good fit for your skill set or because you were unable to perform your job duties well despite making an effort. It is not always clear whether an employee was fired due to misconduct or due to simple performance issues, so this requirement is often disputed.
- Accepting suitable new employment - You cannot claim unemployment benefits if you have refused to accept a suitable new position. This usually means that you must be making an effort to find a new job. You do not need to accept a position that is much less prestigious or significantly lower-paid than your former job. For example, if you were the general manager at a retail store, you would not need to accept a position as a cashier or even as a shift supervisor with a substantial pay cut.
If you were inappropriately denied unemployment benefits, you have the right to appeal. Employers also have the right to be present at a hearing, since their unemployment insurance and financial interests could be affected by the decision.
Contact a Wheaton, Illinois Unemployment Compensation Disputes Attorney
JSL Law, LLC is committed to helping employees and small businesses resolve unemployment compensation disputes. Experienced employment law attorney Jolianne Alexander will work to help you recover the compensation you are due after becoming unemployed through no fault of your own. Contact us at 630-730-8135 for a complimentary consultation.
Talk to Jolianne Today