So, we live in IL, and my husband was employed at his job for about 1.5 years... We had a number of problems with his employer regarding garnishing his checks for child support. After having obtained a court order from a judge reducing the support, his employer refused to follow the order - stating that he was going to continue to deduct the original amount (which was over 75% of his earnings), until he received something from the state. Without really having a choice, my husband was forced to resign. After a few weeks went by, his employer called him, and explained that he had FINALLY received something from the state with the new amount to be taken on it.... My husband had not yet found another job, so he agreed to return to work. After approx 3-4 weeks, my husband received a call from a position he had applied for during his off-time. This was a position that was in the field where he has all of his experience, sales. My husband then quit his job in order to take the job he was offered. After having worked there for 2 weeks, the company closed it doors without any notice. He was paid cash (1099) for the 2 weeks he worked there. He filed for unemployment, and was granted a little over 2 months worth of UI. We then received a letter stating that his previous employer was fighting this claim and that a hearing was set. The time frame during which the hearing officer stated he would call was late by approx 2 minutes. My husband was on a job interview, and had taken a break to wait for the call... The hearing officer left a voice mail stating that my husband had 48 hours to return his call. My husband did so. He left 2 messages, and never heard anything back. Now, we have since received a determination letter stating, "you are not eligible for benefits or wait week credit until you meet the eligibility requirements..." And that, "The evidence shows that the claimant voluntarily left work at ------ because he accepted other employment. Since the employer did not have the ability to control such conditions or acts, the claimant left work voluntarily without good cause attributable to the employer. Therefore, the claimant is ineligible for benefits for each week during the period from 11/10/1013 through 11/23/2013 and will be determined ineligible for each week thereafter until he meets the eligibility requirements of the Illinois Unemployment Insurance Act." Please let me also point out that the work conditions were horrible while working there. These are things that happened prior to him finally leaving: He was told he was going to be given a raise, and then come time for his check, he was denied it because business was slow; the owner was constantly talking about committing suicide and closing the doors to the business; he was told he had to cut back on his hours due to "slow business; the employer refused to follow a court order from the judge regarding garnishments and told him to obtain a lawyer... There was a number of unhealthy work conditions. My husband did agree to return to work, as his employer agreed to follow the court order, however, the working conditions continued to be horrible and my husband felt that he HAD to take other employment due to all of the issues listed above. We now have 2 weeks to appeal this determination, or we will be responsible for the overpayments. PLEASE HELP!!!!!! Can we win this fight?????
1 Answer from Attorneys
I rarely say this, but here goes: see an attorney. This is no place to begin to unravel this mess, and it has been a mess for some time.