Legal Question in Employment Law in Illinois
Im suing a company for wrongful termination is there anyway I can get the unemployment hearing for evidence.
2 Answers from Attorneys
Do you mean can you subpoena records for and administrative hearing? Yes. Talk to the hearing officer about issuing a subpoena.
Pursuant to 820 ILCS 405/1900) (from Ch. 48, par. 640) you cannot use evidence obtained in your unemployment matter in another action for wrongful termination.
Sec. 1900. Disclosure of information.
A. Except as provided in this Section, information obtained from any individual or employing unit during the administration of this Act shall:
1. be confidential,
2. not be published or open to public inspection,
3. not be used in any court in any pending action or
proceeding,
4. not be admissible in evidence in any action or
proceeding other than one arising out of this Act.
B. No finding, determination, decision, ruling or order (including any finding of fact, statement or conclusion made therein) issued pursuant to this Act shall be admissible or used in evidence in any action other than one arising out of this Act, nor shall it be binding or conclusive except as provided in this Act, nor shall it constitute res judicata, regardless of whether the actions were between the same or related parties or involved the same facts.