Legal Question in Employment Law in Illinois

can you still qualify for unemployment benefits if you resign your job due (worked there less than 30 days) and resigned because you cant physically perform the duties ? duties were NOT quite what was explained when I took the position


Asked on 4/17/12, 8:43 am

1 Answer from Attorneys

The real issue is what was your employment history prior to this job, because eligibility in Illinois has a 1-year look-back period. In addition, you must be actively seeking work. Whether your resignation was through "no fault of your own" which is a third requirement, would seem to be a question of fact that the employer can dispute. Finally, while most employers are subject to the Illinois U/I laws, some are not and then that is an issue. However, if you are legally disabled (and what qualifies as a disability for these purposes is fairly well spelled out) and you felt you had to resign because the employer refused to make any kind of "reasonable accommodation" for you to perform the tasks, you may have a civil rights claim under the Americans With Disabilities Act even if you don't have a U/I claim. See an attorney for a full review of what your options may be.

Read more
Answered on 4/18/12, 7:08 am


Related Questions & Answers

More Labor and Employment Law questions and answers in Illinois