Am i Qualified for Unemployment (Illinois) ?

[viki]

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

After 3 years, I quit my job because owner was giving me hard time at work. My unemployment was denied because I quit the job. After 1 month I was able to find another full time permanent job with lower pay but unfortunately I got a lay-off after 5 weeks. I am still looking around for a stable job. I live I Illinois, Cook County.
My Questions are:
1)Am I qualified for unemployment since I worked only 5 weeks?
2)From which employer unemployment department will collect my unemployment benefits: lay-off employer (recent employer) or the employer I quit (previous employer)?

 

[ecmst12]

Yes, you were laid off through no fault of your own, you should file right away.

Your previous employer will be the one that matters for the purposes of determining how much money you will get, and they will be taxed for your claim, but they won't be able to object since they are not the job for the qualifying separation.

 

[viki]

ecmst12 thank you for your answer. you said "they" means both employer will be taxted? could you please explain me the the last sentece of your answer?Thanks in advance.

 

[ecmst12]

The job you quit will be taxed, because you were not at the other job long enough. They will look at the reasons for separation from the job you were laid off from, but they will look at the wages you made at the PREVIOUS company for your financial qualification.

At least that is how it works in PA, but Commentator will correct me if I'm wrong for your state

 

[commentator]

Thank ya, is sorta my little old area here, huh? Anyhow, the structure, framework of the u.i. program is basically the same in all states. In that when you file a claim, it is good for one year. You won't be filing a new claim until a year from the time you filed the first one, when you were denied benefits. That claim is just sitting there for you to use anytime during the year that you become eligible for it.

You will file again to "re-open" your claim. Can't believe you didn't do this immediately, since you were given a lay off and it costs nothing and there's no downside to doing it. Don't think you are doing the most recent employer a favor by not filing. It is a legitimate lay off, and charges to them will all work out in the process.

When you file again, it will bring up your last claim. Since you were denied, you will have a "re-earnings requirement." In other words, after a denial, did you make enough to qualify based on the re-earnings requirement, which is generally about 10x the weekly benefit amount? You will need check stubs or something specific to prove you have made this amount (gross)since you went to work this last time.

Then they will look at the reason for leaving the last job, which is lack of work, which will qualify you. If this job was entered into with the assumption that it was a full time permanent job, not just a pick up or temp job, and you worked there at least 30 days, which you should've done in 5 weeks, you are fully eligible.

The old claim, the one you set up before, was based on wages earned in the last five or six quarters back (about 18 months before) This is the same claim you would be receiving now, same employers accounts tapped that set up the claim.

But since your old employer appealed and won your denial, their account would be given a "non-charge" You still get your money, but it comes out of the general pool of money set up by the state, and it is never charged against that employer, though the wages you made from them were used to calculate the amount of the unemployment claim.


TMI, I'm sure. Let's just say that your employer does not ever pay your unemployment directly, and if your claim against this employer was denied, he will not have to pay anything related to it.

Your most recent employer, of course, is nowhere in this mix, though later, if you file again in a year or so, the small amount of wages you did make working for them for five weeks would be included and they would be charged. This is legitimate since they did lay you off through no fault of your own.

 

[viki]

commentator and ecmst12 thank you very much.

Let me clear what i understood for your post.
If i reopen the file in one year then unemployement dept. will not charge my recent and previous employer.
If i file a new claim in one year then my recent employer where i worked 5 weeks will be charged for uemployement.

Thanks Again

 

[pattytx]

Just saying that this is specific to the state. In my previous state of Maryland, the employer you quit CAN protest your unemployment and unless you had a VERY good reason to quit that one, being laid off from the current one, especially within a very short period of time, CAN disqualify you. I know this from personal experience.

 

[commentator]

That's where the re-earnings thing comes in in most states. If you took another job and made sufficient re-earnings, the old employer can't stop you from drawing from a lay off on the new job. There's also, in some states, Illinois being one, a 30 day time frame requirement in effect on the new job.

What people try to do is quit a job they hate, go to work for a few days at a temporary job, or for their good old friend, and then receive a lack of work lay off and draw, with the claim based and the charges coming back on the job where they quit. This of course in unfair to the employer there. In some states, when a new claim is filed, they do ajudication against all the employers in the base period, and will deny your claim if you do not have sufficient wages without counting the wages from the disqualifying separation employers. In some states, there is a unit that gives "non-charges" to the employers.But this one, I believe, will do the re-earnings and non-charging provision. So the person should certainly file the claim.

My guess is neither your most recent OR your former employer where the claim was denied will be charged on this claim you'd be reopening. Though you will still get to draw it. Certainly, try it, and see what they say. My bet is on yes, with re-earnings.

If you file again after this claim has expired, your most recent employer will probably be in the base period,and they will be charged some, because they laid you off. But since you worked there such a short time, they won't ever be charged much. There must be a significant amount of wages in the base period to make up a claim, and their bit isn't going to be a significant part of any claim you might file in the future.