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LadyPact -> RE: fired for working (1/17/2012 9:59:06 PM)
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quote:
ORIGINAL: tazzygirl
But it went through that person, then a few courts. She was actually paid before this judgement. They were looking at reimbursement.
It shouldn't have gone through a few. By that, I mean actual courts and NOT through the hearing that you can ask for within the agency if your benefits have been denied. (It's a state agency, so you have to go through their appeal process first.) During this phase, you can also reapply, so what you have are two different cases. Your current application and any filing that you have for retroactive benefits. Meaning the money that you would have received had your benefits been approved in the first place.
From the article:
quote:
She appealed to the Illinois Department of Employment Security's board of review three times, was denied, then took her case to a circuit court. That court ruled Smiley, who did not challenge the firing, was eligible for benefits.
Smiley received a check with a lump sum on Nov. 28 for several months of unemployment, a percentage of her previous salary. Then she received a check every two weeks for $528 until she obtained her latest job last month. The lump sum that she received is still from the State's unemployment agency. It's just the money that she would have collected had her claim been approved the first time. It's considered a different matter (retroactive benefits) and usually takes longer to process than current benefits. In other words, reimbursement to her, not the State from the employer.
They kind of skipped the part from the article that had printed prior:
In this case, the issue was strictly whether Smiley's actions were misconduct and insubordination, which could disqualify her from unemployment benefits. A Cook County judge and appellate panel found that they weren't.
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