Legal Question in Employment Law in Illinois

My boss fired me from my job in a fit of anger on Tuesday. I didn't hear from him again until Friday at which time he offered to take me back at a greatly decreased amount of pay. I said I would come back to work. I am supposed to go in on Tuesday after the holiday and iron out the details. I have decided that I really don't want to go back under those circumstances. If I file for unemployment can he contest it because I said I would go back?


Asked on 5/26/12, 12:16 pm

1 Answer from Attorneys

Betty Tsamis Tsamis Law Firm PC

If your boss fired you, you are entitled to unemployment unless your employer proves the termination meets one of the bases for disqualification. You do not mention why your boss fired you. Additionally, Illinois Dept. of Employment Security (IDES) allows you to decline non-suitable work while unemployed. Returning to this situation would arguably qualify as non-suitable work. Please contaact us directly to discuss your pecific situation.

Here is the pertienent regulation on this topic:

I. Refusal of Work Disqualification

An individual will be ineligible for benefits if he has failed, without good cause, to do any of the following (Section 603):

1. To apply for available, suitable work when so directed by the Department of Employment Security office or the Director.

2. To accept suitable work when offered him by the Department of Employment Security office or an employing unit.

3. To return to his customary self employment (if any) when so directed by the Department of Employment Security office or the Director.

* * *

In determining whether or not any work is suitable for an individual, consideration shall be given to the degree of risk involved to his health, safety, and morals, his physical fitness and prior training, his experience and prior earnings, his length of unemployment and prospects for securing local work in his customary occupation, and the distance of the available work from his residence.

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Answered on 5/31/12, 8:43 am


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