Should I File For Unemployment If My Employer Was Short On Money Reddit

Worried almost doing this on your own? You may be able to go complimentary legal help.

The Covid-xix crisis has greatly affected piece of work in Illinois. ILAO is tracking questions from concerned workers and providing answers to requite yous the most up-to-appointment information.

Each person's example is different. You may want to talk to a lawyer before making whatever decisions or taking action.

Jump to:

Unemployment insurance nuts
Who qualifies for unemployment insurance?
Pandemic Unemployment Assistance (separate blog)
Taking time off from piece of work

Illinois Covid HELP (Housing and Economic Loss Prevention)

A new chatbot has been designed to help people in Illinois with Covid-related legal issues. Information technology volition help ask you questions and assist you get the resources you demand.

COVID HELP LOGO

Unemployment insurance (UI) nuts

What is unemployment insurance (UI)?

Unemployment insurance is a statewide government program in Illinois. It gives money to people who are temporarily out of work. It is run past the Illinois Department of Employment Security (IDES).

Yous take to come across sure requirements to get coin from the program. These requirements have changed due to Covid. It is now easier to qualify.

How practise I utilize for UI?

The best manner to apply is online at the IDES website. If you apply online, yous must use a desktop computer, a laptop, or a tablet. You lot cannot utilise a smartphone.

Y'all may also phone call (800) 244-5631. But there are long await times on the phone.

Some IDES offices are open for in-person appointments. The IDES website can tell y'all:

Which locations are open,
What you need to bring, and
What other services are available.

Call the Scheduling Hotline at (217) 558-0401 to schedule an in-person date.

What information do I need to apply for UI?

In order to apply for UI, you lot should have the post-obit data on hand:

Your Social Security number,
Your driver's license or State ID,
Your employment history from the past eighteen months, including the name of employers, start date, final day of piece of work, and number of days worked, and
Your dependent's name, social security number, and engagement of birth if you are claiming a dependent kid or spouse.

If y'all exercise not take a State ID or driver's license, you lot will need another form of ID. It must not be expired. It must bear witness your name, address, and date of birth.

When should I use for UI?

You should apply as before long as possible. Ideally, apply within the first week of your unemployment.

The application is closed every twenty-four hour period between 8-10pm.

What if I messed up my UI application?

You can correct your application or merits information by calling the IDES at (800) 244-5631.

You may have trouble reaching the IDES past phone. The busiest call times are betwixt 10 A.M. and 2 P.M. Y'all can also use the online IDES Contact Grade.

Who qualifies for unemployment insurance (UI)?

To qualify for unemployment insurance, yous must exist unemployed, and information technology must not be your fault. For example, you do not qualify if you quit because you did not like the piece of work that you were doing. Or if you were fired considering of misconduct.

Yous must besides have fabricated a certain amount of money recently. The period of time IDES looks at for your income is your "base period." To run across if yous authorize:

Look at the date you lot are planning to make your claim.
Look at the engagement of the upcoming Sun of that week.
- If that date is before March 31st, 2021, your "base of operations catamenia" is Oct 1st, 2019 to September 30th, 2020.
- If that date is between April 1st, 2021 and June 30, 2021, your "base catamenia" is January 1st, 2020 to December 31st, 2020.
- If that date is between July 1st, 2021 and September 30, 2021, your "base period" is April 1st, 2020 to March 31, 2021.
- If that date is between October 1st, 2021 and December 31st, 2021, your "base period" is July 1st, 2020 to June 30th, 2021.
Intermission up your "base period" into 3-calendar month sections, starting on the first day. Each section is called a "quarter."
Add upwards the total amount of wages for each quarter and write those numbers down.
Find the quarter with the highest corporeality of wages. Ignore that amount and add together the total corporeality you made in the other 3 quarters. The corporeality must be $440 or more than, non including*:
- Agronomical work for an employer that employs less than 10 people,
- Domestic work for an employer that pays less than $one,000 a quarter for those services,
- Railroad work,
- Work for some other family unit fellow member,
- Work equally a salesman paid by committee outside of a permanent retail business, or
- Government-funded work-relief or piece of work training.
Now add together upwards the wages y'all made during your entire "base period" (all iv quarters). The total must be $1,600 or more, with the aforementioned exclusions to a higher place.

Learn more near how to qualify for and calculate unemployment benefits.

*Not a total list. IDES will tell you if you qualify afterwards you employ.

Why was I denied unemployment benefits?

Fifty-fifty if yous meet the minimum requirements, you may be butterfingers from receiving benefits for a number of reasons. These include:

Quitting your task without good cause,
Being fired for misconduct,
Non applying for or accepting a suitable job offer,
Receiving unemployment benefits from another state,
Receiving pension payments for any week you are claiming benefits, and
Non legally working in the U.S.

For a complete list of disqualifications, run across pages 5-half dozen of the IDES Unemployment Insurance Benefits Handbook.

I was hired for a new job but couldn't showtime because of COVID. Do I qualify for unemployment benefits?

The Pandemic Unemployment Assistance (PUA) program has now concluded. Learn more about other programs that might exist helpful.

Practise immigrants qualify for unemployment benefits?

You can utilise for unemployment benefits if you lot are a dark-green carte holder, a DACA recipient, or an aviary grantee. To receive benefits, you lot must take work authorization now and during your "base menses." This will not affect your immigration status.

Unemployment benefits are considered "earned" benefits. They volition not brand you a "public charge," unlike some public benefits, like SNAP.

Not all workers are covered. Certain agronomical workers and domestic workers cannot receive unemployment benefits in Illinois.

If you accept specific questions about your immigration status, use Get Legal Help to find a lawyer.

How much coin do y'all get?

The amount of coin yous get each calendar week depends on how much you lot earned in your "base period" (see in a higher place). To detect how much you will receive weekly:

Add up the total wages for each quarter in your "base menstruum,"
Find the 2 quarters with the highest wages and add them together,
Multiply this amount past 0.47, and
Separate this corporeality by 26.

The result is your weekly benefit corporeality. The amount will exist college if you lot have a dependent spouse or children. Y'all cannot claim both your spouse and children.

The maximum weekly do good amount is:

$505 with no dependents
$601 with a dependent spouse
$693 with a dependent kid or children

See this table of benefit calculations.

Tin can creditors garnish my unemployment benefits?

No. Public or regime benefits are protected from creditors. This includes unemployment benefits.

Will child back up be deducted from my unemployment benefits?

If you file for unemployment benefits, the Illinois Department of Healthcare and Family unit Services (IDHFS) can take your current child support payments deducted from those benefits. Child support can only be deducted if the custodial parent has a child back up example.

Past due kid support can be deducted from your benefits if the IDES receives a courtroom gild to withhold income. If you lot entered into an agreement to pay past due child support, it may be enforced by the IDHFS. They volition ship the original agreement to the IDES and request the payments be deducted. The agreement must clearly state:

The amount to exist deducted,
The recipient of the payments,
When the deductions are to exist made, and
Why y'all are required to make payments.

Larn more near paying child back up when you are unemployed and changing kid support payments.

How practice I certify for benefits? What if I miss my certification engagement?

Afterward filing your merits you will receive a Finding Letter. It will assign you lot a certification day. You lot must certify past that day. If you miss your certification day, you tin certify on Thursday or Friday of that calendar week. Yous tin besides certify the week subsequently. You must certify every ii weeks. You lot tin practice this online or by calling Tele-Serve at (312) 338-4337.

Tardily certifications will non be accepted. If y'all practice not certify on fourth dimension, your benefits could be delayed or denied.

Learn more than virtually certifying for benefits.

My payment was delayed or I did not receive it at all. Why is this happening?

The IDES sends a debit bill of fare a few days afterwards your application is processed. Even so, it can take a few weeks for the IDES to determine your benefits. The funds are placed on the debit carte du jour two to three days after you certify. This may be why you received a debit carte du jour with a $0 remainder. You can likewise set up your bank account to receive direct deposit by logging into your account on the IDES website.

How long does unemployment insurance concluding?

Unemployment lasts for 26 weeks (6 months).

Can my employer fight my claim?

Yes. Employers must pay IDES for every merits that is fabricated past their employees. So they have the right to fight a claim if they don't think information technology is proper.

When practise unemployment benefits start?

Unemployment benefits start the Sunday before yous file. This means that as long as you are able to file by Saturday, you lot will not miss out on the week of benefits.

You must file a benefits claim by the end of the start week in which you are unemployed. If you lot file later and practise not request backdating, your claim will beginning the week it was filed.

If you file after your offset week of existence unemployed simply inside a year, you tin can asking the IDES backdate your claim. Claims tin be backdated if yous can show:

You were unaware of your rights to benefits,
Your employer or the IDES did not fulfill their legal responsibilities,
Your employer told you not to file a claim for benefits, or
At that place were other circumstances outside your control.

You must as well show that you lot filed your merits inside xiv days after your reason for non filing ended.

If you did not file your claim on fourth dimension because of issues with the IDES website, ask a rep about backdating your claim by calling (800) 244-5631.

Do I need to look for work while I get unemployment?

Generally yes. You must register with IllinoisJobLink.com and document your efforts to find work.

However, if you were temporarily laid off considering of coronavirus (Covid-19), yous exercise not need to do this. Y'all just need to be ready to return to your task when information technology reopens.

Could I qualify for unemployment benefits if I am a gig worker or an independent contractor?

Aye. Even if your employer considers you a contractor, or yous are a sole proprietor or 1099 employee, you should file. The existing Illinois program covers some of these workers.

If you are in the Illinois arts community, Lawyers for the Creative Arts might be able to give you free legal help. You can apply on their website. They help people no matter if they are a Westward-2 employee, 1099, freelancer, or gig economic system worker.

Will collecting unemployment affect my Social Security benefits?

No.

If I live in Illinois but work in a different country, where do I file for unemployment?

Commonly you file for unemployment benefits in the state where you lot worked. Based on the laws in other states, it may exist different for your situation. Bank check with IDES and the unemployment department in the state where y'all live.

Do I accept to exist completely out of piece of work to authorize for unemployment benefits?

No. You tin can nonetheless qualify fifty-fifty if:

You still work function time,
Your hours were reduced, or
Yous were working 2 jobs and now are merely working one.

Self-employment income does not count towards calculating your benefits. Benefits are based on your current and past income. See How much money practice you get? and learn more than about receiving unemployment benefits when yous work a part time or temp job.

Practise I stop receiving unemployment insurance benefits if I am hired for a brusque-term task?

It depends on your wages.

If your gross wages are less than your weekly benefit corporeality, you may still be eligible to become a full or partial benefit payment.

If your gross wages are more than than your weekly benefit amount, yous will not be eligible for a benefit payment.

You must notify IDES as before long as you are hired for any job, fifty-fifty if it is short-term. If you programme to continue to use your unemployment insurance benefits, you should keep to certify your income.

If yous finish working again, you need to notify the alter to IDES. Y'all will get back to getting the full weekly benefit amount.

Can I appeal the decision if I am denied unemployment benefits?

You take the correct to appeal whatsoever conclusion that denies you benefits. You will receive written notice of appeals rights and waiver recoupment if you received benefits, but were then deemed ineligible. You tin can learn more about how to appeal an IDES unemployment decision on our website.

In order to be granted a waiver you will demand to testify:

You were at no fault for the overpayment,
Recoupment would be against equity and practiced organized religion, and
The payment was received on or subsequently March 8, 2020, but earlier the concluding day of the pandemic period.

How practice I tell IDES I got a job and don't need unemployment benefits anymore?

Notify IDES Claimant Services as soon equally possible, simply not later than xiv days afterwards the day you were supposed to certify. Failure to report your render to work could lead to penalties and fraud charges.

To study your return to work, call the IDES New Hire Unit at (888) 776-7708.

What other resource are available if I practice not qualify for benefits?

If you do not qualify for unemployment benefits, in that location are a few other options for relief.

The Chicago Eatery Worker Relief Fund was created to help Chicago eatery, bar and java store workers. This fund will provide emergency relief grants based on demand to workers that lost wages or employment due to the shutdown for the pandemic. Grants will be awarded to applicants who are eligible. You can apply here.

Learn more than almost housing and coin and debt during the pandemic.

Time off of work

Federal constabulary requires many employers to give unpaid sick exit. The law has many exceptions and requirements. Larn more nigh taking time off work for illness.

Does my employer take to requite me paid sick go out?

Probably not. A federal law called the CARES Act required paid sick go out in 2020. But information technology ended December 31, 2020.

There are some local laws that crave paid sick get out. Encounter beneath.

What if I have vacation time, sick time, or PTO saved up?

If you leave your job, your employer must pay y'all for whatsoever unused vacation time. Learn more than about severance, ill pay, and holiday. Money received for vacation and sick days, likewise as FMLA payments, are considered wages. They will be looked at to make up one's mind if you are eligible. They volition also assistance determine the amount of benefits you may receive.

Are there other laws that crave paid sick time?

Yes.TheCity of Chicago and Cook County each have local laws requiring employers to give employees paid sick leave. The Cook Canton police force only applies to cities and towns which have non opted out. Check with your local authorities to see if the Cook County Paid Sick Leave police applies in your area.

In Illinois, state employees are required to have 2 continuous years of service to receive advance sick exit.

The police force in Chicago applies to nigh employers. You must have worked at to the lowest degree lxxx hours inside a 120 day flow. Your employer tin make yous wait 180 days from the showtime of your employment to use your Paid Sick Leave.

For every 40 hours worked, you earn 1 60 minutes of leave. The maximum is xl hours (five days) of leave per year.

Y'all can use the leave considering:

Of an affliction or injury in your family,
Your place of business is closed considering of a public health emergency,
Y'all demand to picket your child during a public wellness emergency, or
You lot or your family member are a victim of domestic violence or sex activity offense.

To take the leave, give your employer every bit much notice as possible. If you use 3 or more work days in a row, your employer could require y'all to requite them proof of the reason for it.

If your employer does not follow the law, you can file a complaint:

Chicago complaint
Cook County complaint

Per OSHA's Emergency Temporary Standard, healthcare employers must requite reasonable time and paid get out to each employee for Covid vaccinations and side effects. Employers with more x employees must provide paid get out to all employees who are sick or suspected of having Covid.

What if I have a disability?

Your employer has to make reasonable accommodations for y'all if yous have a disability. This applies to you lot if yous:

Have a disability and need to self-isolate to avoid getting coronavirus, or
Accept coronavirus already, and information technology's limiting a major life action.

Accommodations may include:

Temporary leave,
Telework, or
Modifying your chore duties so that you can work off-site.

Annotation that the employer does non have to do something that would exist an undue hardship. Besides, employers only demand to provide accommodations if there is a link between your disability and your need for information technology.

Learn more about reasonable accommodations, including how to make a request, with this Reasonable Accommodation Fact Sheet.

Source: https://www.illinoislegalaid.org/legal-information/work-coronavirus-and-law-faqs

Posted by: osbornedrel1998.blogspot.com