Legal Question in Employment Law in Illinois

I live in Illinois and I was recently fired from my company. I had worked for this company for nearly 6 years. At the time that I was hired the company had just had a union walkout. Quite a few people were hired at this time. I have had no complaints on my job capabilities nor have I ever been censured in any way for job performance until after a new maint. manager came into the company this past December. At that particular time I began to notice that I felt uncomfortable at my job for the first time. Suddenly nothing that I did seemed good enough. I also noticed that a few people began to be let go for one reason or another. All of them were employees who were hired when the union walked out. Only within the last year has the union issue been resolved resulting in the union being a thing of the past. 3 weeks prior to my being fired, a large lay-off occured. The reason I was let go was that supposedly someone saw me on the computer when I was supposed to be working. First of all, as an electrical techinician some of what I do required computer use. I was actually accused of playing games on the computer. I have never done such a thing and further more, I was never given a warning about this supposed illicit computer use, nothing. Never given a chance to defend myself against an unfounded accusation. I am unable to draw my umemployent because of these accusations. I am appealing my case and will soon meet with an adjudicator and representative of my ex-employer. I have noticed that since my dismissal the company seems to be on a campaign to get rid of other employees using this same technique. I am looking for some advice about my pending unemployment case and also is there some recourse that I can take considering the fact that I feel I was completely blind sided. Should I have been given some kind of warning? Can they legally discharge me in such a manner? What can I do about this and is there any labor laws that may be helpful to me in this situation. I am 48 years old and have never drawn unemployment

Any advice would be great.


Asked on 5/09/10, 5:32 pm

1 Answer from Attorneys
Betty Tsamis Tsamis Law Firm PC

Your employer challenged your unemployment application for benefits under the "misconduct "defense, correct? In order to prevail and receive benefits, you must show you did not engage in misconduct. Misconduct is defined as the employee purposefully breaking a reasonable rule of the employer. I do not think the employer has proven you did this, based upon what you have written. In an unemployment appeal hearing, initial decisions are often overturned. But, I would recommend seeking legal advice. The State of Illinois provides an attorney, FREE OF CHARGE, for claimants. Look on the paperwork you received for the appropriate telephone number. You will need to give the law firm as much time as possible to help you and adequately prepare your case. Good luck!

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Answered on 5/19/10, 5:36 am


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