QUESTION
Do I need a lawyer to appeal a Referee's decision on unemployment benefits?
Asked on Feb 13th, 2013 on Labor and Employment - Illinois
More details to this question:
Employer terminated me for "alcohol abuse", more specifically the IDES letter stated "intoxication". My benefits were reversed by a Referee claiming misconduct that harmed my employer. Allegedly boss through an email stated that I could not drink at the establishment. This was based on the fact I had received a dui, which had nothing to do with work, nor did it affect my ability to do my job. I never tried to hide my dui from anyone, staff or management yet he was the last to find out. The email titled "court outcome" was in relation to the fact I took a plea to the dui so as not to miss any work. I never recalled any statements in the email regarding drinking at the restaurant. It is a copy of an email and there is no reponse by me, yet they stated I responded to the email. If I did so then it was to acknowledge that I took the plea so work would not be affected. Either way, no disciplanary action in 14 years of employment. No disciplanary action precluding the termination.
1 ANSWER
4 Awards
It is usually a good idea to have an attorney handle the appeal. But this depends on whether there is a realistic possibility that you could win the appeal. If you were drinking at work while on the job, then there may not be much that can be done. If you worked at the restaurant, then even drinking after work could be a grounds for termination if you allegedly became intoxicated at the restaurant. You should meet with an attorney to discuss this further. The attorney can evaluate the case and determine if it is worth retaining the attorney or not.
Answered on Feb 18th, 2013 at 3:17 PM