Legal Question in Employment Law in Illinois

I am trying to help a friend of mine who was recently fired. Her name is Rebecca. Rebecca has worked for a loan office for over a year as assistant manager. She was fired by her Manager and Regional Manager. Because she works in a loan office, one of her duties is to go out and "chase" down people who owe the office money. This includes going to the residence and inquiring about recieving payment. Her managers fired her because they claimed she went home instead of chasing on a Saturday. Rebecca told me that she was not at home, and was in fact chasing. She told me that while chasing she talked to at least 3 people who owed money. She said she could go to their homes and they would all testify that she did in fact come to their homes on Saturday inquiring about recieving payment.

Rebecca was fired because her managers did not believe she was out chasing clients. Rebecca can prove she was out chasing and did talk to at least 3 indiviuals around 5:30pm. Her managers do not believe her and refuse to listen to her. She was fired without second thought.

Rebecca has applied for unemployment and was denied because, apparently, her managers said she was fired for "insubordination" and she is not able to recieve unemployment as that listed. She is in the process of losing her apartment as she has been unable to secure another job. She has been paying bills by donating plasma.

I have read into a law called Covenant of good faith and fair dealing...but I dont know if it applies to the state of Illinois. Any advice or help on my friend Rebecca's problem is greatly appriciated.

-Dan


Asked on 8/01/10, 6:03 pm

1 Answer from Attorneys
Thomas Moens Moens Law Offices, Chartered

Unless she had an employment contract or was covered by a collective bargaining agreement, her employer did not need any reason at all to fire her. Regarding the unemployment, she should have had an opportunity for a hearing. Just because the employer tells the unemployment office that she was insubordinate does not end the process. I have often seen people not participate in this hearing for reasons I do not understand, since this is their only opportunity to contest what the employer has said. If she did not participate, she may be out of luck. If she did participate and lost, she may be able to appeal.

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Answered on 8/09/10, 6:44 am


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