How do I appeal an unemployment insurance denial in Illinois?

1. Agency. The Illinois Department of Employment Security (IDES) administers UI under the Illinois Unemployment Insurance Act, 820 ILCS 405/100 et seq.

2. Common Disqualifications. Voluntary leaving without good cause attributable to the employer (820 ILCS 405/601), discharge for misconduct (§ 602), refusal of suitable work (§ 603), not able and available (§ 500(C)), or receipt of severance pay.

3. Determination Notice. IDES mails a Determination and Notification stating the reason for ineligibility and appeal rights.

4. Appeal Deadline. 30 days from the mailing date of the determination (820 ILCS 405/800). Late appeals require good cause.

5. Filing the Appeal. Submit a written appeal by mail, fax, in person at a local IDES office, or through the IDES website.

6. First-Level Hearing. A Referee from the Department's Appeals Division conducts a telephonic de novo hearing (820 ILCS 405/801). Both parties testify under oath, present documents, and cross-examine witnesses.

7. Burden of Proof. Employer bears the burden on misconduct discharge; claimant bears the burden on good-cause voluntary leaving.

8. Decision. The Referee issues a written decision typically within 2-4 weeks.

9. Second-Level Administrative Appeal. Appeal to the Board of Review within 30 days (820 ILCS 405/803). The Board reviews the record and may take additional evidence.

10. Judicial Review. File a complaint for administrative review in circuit court within 35 days under 820 ILCS 405/1100 and the Administrative Review Law (735 ILCS 5/3-101 et seq.); review is on the manifest-weight standard.

11. Continued Filing. Continue certifying biweekly through Tele-Serve or the IDES website to preserve back-pay rights.

12. Overpayment. If you lose, IDES issues a Reconsidered Determination; non-fault waiver is available where repayment would defeat the purpose of the Act (820 ILCS 405/900).

This is legal information, not legal advice.