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Voluntarily resigned. Employer won't contest IL unemployment benefits. How do I file?

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dlhoff0608

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

My employer was acquired Dec 2011. After a year working 70+ hours week as an exempt employee and at times working 7 days a week, I voluntarily resigned due to mental and physical exhaustion and because of health problems due to the ongoing stress and exhaustion. The stress has caused depression, anxiety and high blood pressure, which they are fully aware of. I had conversations with my new boss and was told things would get better and to hang in but after a year of going at this pace I realized this is the company's culture, which has an extremely high employee turnover rate.

On December 14, 2012 I decided to resign after 12 years of service. I was asked to stay on for 6 weeks to assist in the transition since I'm in a key position. I agreed to after I initially provided them with a 2 week notice period. By agreeing to stay for 6 weeks through January 18, 2013, I was offered a severance package which included my 2012 annual bonus (per company's bonus plan you must be employed on the day of payout which is Feb/March and was waiving in my severance agreement). They also agreed and wouldn't contest my unemployment benefits.

How do I file in IL to ensure I'm approved? If I list I voluntarily resigned will I automatically be approved if employer doesn't contest? How do I handle to avoid a hearing or denial of benefits? How I file my initial claim will determine the process and outcome. Is it easier to file as a termination, however, I don't want to hurt myself trying to obtain new employment.
 


sandyclaus

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

My employer was acquired Dec 2011. After a year working 70+ hours week as an exempt employee and at times working 7 days a week, I voluntarily resigned due to mental and physical exhaustion and because of health problems due to the ongoing stress and exhaustion. The stress has caused depression, anxiety and high blood pressure, which they are fully aware of. I had conversations with my new boss and was told things would get better and to hang in but after a year of going at this pace I realized this is the company's culture, which has an extremely high employee turnover rate.

On December 14, 2012 I decided to resign after 12 years of service. I was asked to stay on for 6 weeks to assist in the transition since I'm in a key position. I agreed to after I initially provided them with a 2 week notice period. By agreeing to stay for 6 weeks through January 18, 2013, I was offered a severance package which included my 2012 annual bonus (per company's bonus plan you must be employed on the day of payout which is Feb/March and was waiving in my severance agreement). They also agreed and wouldn't contest my unemployment benefits.

How do I file in IL to ensure I'm approved? If I list I voluntarily resigned will I automatically be approved if employer doesn't contest? How do I handle to avoid a hearing or denial of benefits? How I file my initial claim will determine the process and outcome. Is it easier to file as a termination, however, I don't want to hurt myself trying to obtain new employment.
Just based upon your story and your reasons for quitting, you don't - AND SHOULDN'T - qualify for unemployment benefits.

You are VOLUNTARILY resigning. Work is there and available to you from this employer, and you are quitting your job. Unemployment benefits are intended for those who are INVOLUNTARILY separated from their employer, and for those who do not have work available to them. Neither of those applies to you.

How do you file? Well, you DON'T lie and say that you were terminated, because that wouldn't be the truth. Based upon the reasons for your leaving, you don't qualify for benefits.
 

cbg

I'm a Northern Girl
If you are looking for the magic words that will guarantee that you'll be approved, they don't exist. Just because the employer doesn't contest is no guarantee that you'll be approved if the UI office's investigation shows that your employment terminated for a reason that disqualifies you for benefits.

And if you think anyone here is going to approve your lying about the reason your employment termed, you're nuts.
 

swalsh411

Senior Member
That's funny. You seem to be under the very mistaken impression that your employer not contesting your benefits is all you need to qualify. In reality, the unemployment office makes the decision, sometimes based on input from your last employer, but the decision is theirs. They have a right to contest your claim but they have no right to decide either way.

If you're going to lie, then go ahead and lie and I hope you can live with yourself. You will probably be caught at some point one way or the other.

If you don't lie, then as soon as you say you quit the next question will be "why?" and you will be asked to provide "good cause". Examples of "good cause" are not being paid, being forced to do something illegal, or continued illegal harrassment. Since you don't have anything like this, your claim will be denied. Your former employer may not even be contacted.
 

xylene

Senior Member
Just based upon your story and your reasons for quitting, you don't - AND SHOULDN'T - qualify for unemployment benefits.

You are VOLUNTARILY resigning. Work is there and available to you from this employer, and you are quitting your job. Unemployment benefits are intended for those who are INVOLUNTARILY separated from their employer, and for those who do not have work available to them. Neither of those applies to you.
You are stretching the definition of voluntary almost as much as the OP is of involuntary.

The OP agreed to seperation from a job he could not handle, but a job that was seemingly set up to weed people out (7 day work weeks is NOT actually the new normal).

The legally accurate answer is to be 100% truthful about all pertinent facts and be prepared for an appeal and eventual denial.

Your all caps 'shouldn't' only exposes your moral bias which may not be the deciding factor when his case is reviewed.
 
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swalsh411

Senior Member
After reconsideration I have slightly modified my opinion of the OP's chances. If they can prove that a doctor advised them that this position was bad for their health and their employer refused to make reasonable modifications, then they may have a chance at qualifying for benefits. If they have not sought medical advice and can only say they believe these things are happening because of their job then I still don't think they qualify.
 

commentator

Senior Member
If this person wants to say they quit the job for health reasons,they need to be extra careful not to say they have on-going health issues, such as high blood pressure, and they do need to have a doctor's statement saying that they are now able and available and actively seeking other full time work, or else they're not going to qualify for benefits, based on health issues and self restriction as to the type and number of hours they can work.

You have two choices, OP. Either you tell the system that you voluntarily quit the job (for whatever reason) or you say you were invountarily terminated. If you say you were terminated by the employer, then there is no question about what will happen, the unemployment system will contact the employer and ask them What were the circumstances under which this person was terminated? And do you really really believe they're going to make up some elaborate reason why they terminated you? Heck no, they'll just say you voluntarily resigned. And then you won't get unemployment benefits. Because you are out of work through your own decision, AND you attempted to commit fraud to receive benefits for which you are not eligible.

I think it was the employer who saw you coming on this one. Of course they won't contest your unemployment benefits on this voluntary quit. They know you won't be approved anyway!

Because if this is one of those famous companies where there is a high burn out rate and a high turnover, you can rest assured they are VERY familiar with unemployment insurance law. And one of the things these companies love to do is make the job so demanding you go nuts and have to self terminate. They KNOW this means no unemployment insurance.

They can afford to be very generous and give you severance and wish you well. You are not going to be able to draw benefits from your employment with them. They know that.

It has nothing to do with whether or not they contest the benefits. you just don't qualify because you are out of a job by your own choice, they still had work available and you chose to quit.

If you say you had to quit the job for health reasons, and if you can produce doctor's statements or other medical evidence showing that your job was causing your health problems, and this was the reason you quit the job, and you can now show that your health has improved to the point that you are able and available for another full time job, you may have a fair chance of being approved.

But avoid all this stuff about how they were driving you crazy, how it was such a high stress condition, and how you were so burned out and are now so unhealthy. It means very little to the unemployment system that you were told that your employer wouldn't contest your benefits. Its a shame you didn't do the research on this one before you quit. But by all means, DO file for benefits at once. Being honest, there's no win in trying to say anything different, you're not allowed to draw by the employer, you're determined eligible or ineligible by the system, according to the application of unemployment law.

One suggestion, the unemployment system is going to ask you "What did you do to try to resolve the situation before quitting?" It would be a good thing if you can show where you tried to work things out with your employer prior to quitting to make the job less stressful for you. (Which it does sound like you did.) With dates and specifics about what you did on what date, who you talked to in the company,, etc.
 
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