my employer was having an adulturess affar and but me in the middle of it and i quit will i be eligible for unemployment benefits

i was working with an employer who was a friend of mine as was his wife. He began an affair and put me in a position where I had to lie to his wife to cover for him and i quit. I did not want to be part of this. will i get unemployment benefits because he involved me in his immoral acts

2 answers  |  asked May 13, 2016 11:52 AM [EST]  |  applies to Illinois

Answers (2)

Peter LaSorsa
You should contact my office and we can file with the Illinois Department of Human Rights and we should be able to get past the voluntary quitting with unemployment. 312-505-5038 Peter

posted by Peter LaSorsa  |  May 13, 2016 3:17 PM [EST]
Anthony Cameron
I'm sorry for your plight.

In Illinois "Voluntary Leaving" is presumed to be a disqualifier for IDES benefits. Under that general rule there are five exceptions. I'll come back to that.

Mechanically, how it works is that you apply for benefits and your employer has ten days from getting notice to Protest. You will then be set up with a telephone conference with an "adjudicator." This is not a legal proceeding and you do not need a lawyer for it. The employer will not be on the line.

Then, a "determination" is issued. This is the critical stage. If the "determination" is against you, you must lawyer up right away. Find somebody who does IDES cases, not just employment law. The next step is a so-called "Referee" hearing. They call them Administrative Law Judges now. Even though on the phone, this is a full blown legal proceeding.

Now, on the merits: The first way to fight "voluntary leaving" is not to go right to the exceptions but battle the very notion that the leaving was voluntary--i.e. that no reasonable person would have stayed in those circumstances. But you also have an exception in play "Sexual Harassment" (albeit a strange kind.).

I think your case turns on whether you knew of the infidelity because of your employment or knew it incidentally because the guy was your Buddy. If you were witnessing the indications of it in the workplace, and were asked to lie to spouse, the sexual harassment exception might be in play. If the gf was an employee, you may also have a kind of legality defense in that you were being asked to lie about something that is technically against the Illinois Human Rights Act.

Apply right away and start scouting for an IDES lawyer.

posted by Anthony Cameron  |  May 13, 2016 1:39 PM [EST]

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