Benefit Rights Information for Claimants and Employers

IDES contracts with private law firms to provide limited free legal services (consultation and/or representation at IDES administrative hearings) to claimants and small employers who are eligible for this service. These independent law firms are not part of IDES. Representation at your hearing is not automatic and depends, in part, upon the facts in your case.

Note: A small employer is an employer which reported wages paid to less than twenty individuals, whether part time or full time, for each of any two of the four calendar quarters preceding the quarter in which its application for legal assistance is made.

If you are interested in this legal service, call the applicable telephone number right away after receiving a ruling against you or notice of an appeal. Any delay in calling could result in your not being able to obtain this service. Normal working hours are from 8:30 a.m. until 5:00 p.m., Monday through Friday.

Unemployment Insurance Rights for Claimants

What Every Worker Should Know About Unemployment Insurance

The Illinois Department of Employment Security (IDES) administers the unemployment insurance program for the State of Illinois. You are entitled to unemployment insurance benefits while you are unemployed if you meet the legal requirements. Benefits are financed by employer payroll taxes – not by any deductions from your wages.

Who Qualifies for Unemployment Insurance?

​​1. To qualify, you must have earned at least $1,600 during a recent 12-month period (known as the base period) and you must have earned at least $440 outside of the base period quarter in which your earnings were the highest. If you do not qualify under the standard base period, IDES may use the most recent four completed quarters as an alternate base period.

*If you have been awarded temporary total disability benefits under a workers’ compensation act or other similar acts, or if you only have worked within the last few months, your base period may be determined differently.

2. Your employer must be subject to the State's unemployment insurance law. Among the types of work not covered are certain agricultural, domestic, railroad and government work, and certain work done for one's family and on commission.

3. You must either be entirely out of work or be working less than full time because full time work is not available. Your earnings must fall below a certain threshold determined at the time you file your claim.

4. Your unemployment must be involuntary. You may be disqualified if you:

• Quit your job voluntarily without good cause attributable to your employer;
• Were discharged for misconduct in connection with your work;
• Were discharged for a felony or theft in connection with your work; or
• Are out of work because of a labor dispute

5. You must be able and available to work. Benefits are not paid for any period in which you are on vacation, when your principle occupation is that of a student (you may be eligible if you are attending a training course approved by the IDES Director) or while you engage in any other activity that makes you unavailable for work. Benefits are not paid for any day or days on which you are unable to work because of illness, disability, family responsibilities, lack of transportation, etc.

6. You must be actively seeking work and willing to accept any suitable job offered. You must keep a log of your job search activities in every week for which you claim benefits. If your eligibility is challenged, you may be required to produce that document.

Illinois Employment Service Registration Requirement:

7. You must complete registration with Illinois Employment Services at www.IllinoisJobLink.com before unemployment insurance benefits can be paid. Once completing your registration at www.IllinoisJobLink.com, you can create a resume and search for work.

Information Needed to File for Benefits:

• Your Social Security Number and Name as it appears on your Social Security card;
• Your Driver License / State ID (this will provide your weight, which is required when filing);
• If claiming your spouse or child as a dependent, the Social Security Number, date of birth and name(s) of dependent(s);
• Name, mailing address, phone number, employment dates, and separation reason for all the employers you worked for in the last 18 months;
  1. Wage records (W-2 form, check stubs, etc.) from these employers may be necessary.
• If you worked since Sunday of this week, the gross wages earned this week;
  1. You must report all gross wages for any work performed, full or part-time;
  2. Gross means the total amount earned before deductions, not “take home pay”, including wages in the form of lodging, meals, merchandise or any other form;
  3. Gross wages must be reported the week in which they are earned, not the week in which you receive the wages;
  4. If your gross wages earned in any week are less than your weekly benefit amount, you still may be eligible to receive a full or partial benefit payment);
• Records of any pension payments you are receiving (not including Social Security);
• If you are not a United States citizen, your Alien Registration Information;
• If you are a recently separated veteran, the Member 4 Copy of the DD form 214 / 215;
  1. Other copies of the DD Form 214 / 215 are acceptable, but the Member 4 copy is the most commonly available.
• If you are separated from work as a civilian employee of the federal government, copies of your Standard Form 8 and Personnel Action Form 50.

When and Where to File

File your claim for unemployment insurance benefits during the first week after you have become unemployed. We recommend filing for benefits online or you may file in person at a local IDES office. Check our website for office locations. If you are uncertain about your eligibility for benefits, contact IDES for further information.

Please review the Unemployment Insurance Benefits Handbook for additional requirements and more detailed information. This and other publications are available online.

If you have additional questions, please call IDES Claimant Services at (800) 244-5631 or TTY: (866) 488-4016.

The law provides jail sentences and fines if you attempt to obtain benefits fraudulently by withholding pertinent information or by making false statements with your claim.

"I Filed My Cla​im, What Happens Now?"

UI Claimant Wage Information Sheet​

In the next 7-10 days, you will receive a UI Claimant Wage Information Sheet, or UI Finding , in the mail (see below). It contains information including your weekly benefit amount and certification day.

Certification Process

You must certify for your eligibility every two weeks. There are two ways to claim your weeks of unemployment insurance benefits: certify online via the website or by phone using the Tele-Serve system. You can certify for benefits online at www.ides.illinois.gov/certify. ​You must report all gross wages earned during the weeks covered by the certification. These wages must be reported for the week in which they are earned, not the week in which you receive payment. If your gross wages in any week are less than your weekly benefit amount, you may still be eligible to receive part of your benefit payment. You must certify on the day indicated regardless of a pending adjudication interview. If you miss your regular certification day, you can still certify on Thursday or Friday of that week. There are two ways you can certify: over the telephone and on the IDES website. Late certifications will not be accepted. Failure to certify on your assigned day could cause denial of benefits or a delay in processing your benefits.

• You should receive your payment and/or other response within 10 working days after filing your certification. Tele-Serve allows you to get information about your benefits whether you certify by Internet, mail or by phone. When calling for payment information, telephone filers should allow one business day after filing. You must allow time for processing and delivery.

• Online Certification

Monday through Friday 3:00 a.m. to 7:30 p.m.

Review the information under Common Mistakes Made By UI Claimants, then click on the Certify for Benefits link at the bottom of the page. This will take you to the log in page.

Tele-Serve
Monday through Friday 3:00 a.m. to 7:30 p.m.
(312) 338-IDES / (312) 338-4337 TDD/TTY 1-800-662-3943
The first time you call, you will create a personal identification number (PIN). Write it down and keep it in a safe and secure place. Do not share your PIN with anyone else. You'll need it every time you call. When you call, have the following information available:

1. Your social security number and your PIN,
2. Any gross wages you earned (before taxes and other deductions) during the certification period,
3. Paper and pencil to record any information given to you during your call.

After dialing Tele-Serve, enter your PIN and answer the automated questions using a touch- tone phone. Do not hang up until.

Tele-Serve tells you your claim has been accepted.

Press 2: To file an additional claim or to reopen a claim for unemployment insurance

Press 3: To check the status of your claim (also to request Federal Income Tax form 1099G)

Press 4: Establish or change your PIN

Press 5: Obtain general information

Certification Questions

Below is a list of questions that will be asked during the certification process. You should review and prepare the answers before you certify to ensure quick, accurate certification. Your answers to the questions will determine your eligibility for benefits. Also, depending on the program from which you are receiving benefits, you may be asked additional questions.​

1. Have you received or will you receive holiday pay during the period of Sunday (week 1 beginning date) through Saturday (week 2 ending date)? Tip: Make sure you have your holiday pay amount available.
   1. If yes, enter the gross amount of your holiday pay (before deductions) for each week.
   1. If yes, enter the total amount of earnings (before deductions) for each week.
   1. If no, enter the number of days you were unavailable for work in each of the weeks.
   1. If yes, has the amount changed?
   1. If yes, did you attend all scheduled training courses?
   2. If no, enter the number of days that you did not attend class.
   1. If yes, enter your new ten-digit telephone number.

   Interview Process

   It may be necessary for you to be interviewed regarding your eligibility for benefits. In these cases, you will be informed on the day you file your claim of the date and time of the interview, or you will receive a notice by mail providing you with this information. Most interviews will be conducted by telephone. Failure to be available for the interview may affect your eligibility for benefits. If you cannot be available at the date and time of the scheduled interview, it is your responsibility to contact IDES.

   Direct Deposit and Paper Checks

   Unemployment Insurance (UI) Benefits can be paid automatically through direct deposit to a checking or savings account. Direct deposit is a simple, smart, secure choice for receiving benefits. There are no additional banking fees associated with direct deposit. Direct deposit can be established online. You should receive the benefit payment by direct deposit approximately three days after you certify, or within eight days if you receive benefits via paper check.

   Conduct and Track your Work Search

   Conduct and track your work search online at www.IllinoisJobLink.com, the State of Illinois online job board. If you conduct your search for work while signed in to www.IllinoisJobLink.com, your work search record will be automatically logged. You may also track work search conducted outside of www.IllinoisJobLink.com on a Work Search Record form. Forms are available online. ​

   ​Address and Name Changes

   The Postal Service will not forward IDES mail. To change your address, name, or other information, please contact IDES Claimants Services.

   A Few Simple Guidelines to Avoid Claim Processing Delays

   • Your claim information is confidential under the law. We cannot give claim information to your spouse or other family members. However, pursuant to Section 1900 of the Unemployment Insurance Act, any information that you provide to the Department of Employment Security in connection with your claim may be shared with your former employers or their representatives.
   • You must serve a waiting week on each benefit year. This is the first eligible week of your claim. No benefits are paid for the waiting week. To receive waiting week credit, you must file a claim for the week and be otherwise eligible for benefits for the week.
   • Unemployment Insurance is subject to State and Federal income taxes You may voluntarily elect to have either or both State and Federal income taxes deducted and withheld from your benefit payments. Withholding is at pre-set levels only: 10% for Federal and 4.95% for State of Illinois.
   • If you were last employed by a temporary help firm, failure to contact that firm each week may affect your eligibility for benefits. ​
   • Under Federal guidelines, you may be identified as eligible for reemployment services offered by various state and local organizations. If you are referred by IDES to any of these reemployment services, you are required to participate in those services, or your benefits may be suspended.
   • Report your return to work to IDES immediately! Employers are required to promptly report all new hires to this agency. These reports are used to identify individuals who are collecting Unemployment Insurance benefits after they have returned to work. Failure to report your return to work or all gross wages earned during weeks covered by your certification will result in an overpayment of benefits and possibly a determination of fraud. If fraud is determined, consequences could include the imposition of penalty weeks, and prosecution for State benefit fraud.
   • You have the right to appeal any decision denying your benefits. If you have any questions about your appeal rights, contact IDES. If you filed an appeal, continue to file your certification for your weeks of unemployment even though you may not receive benefits until the appeal is decided.
   • Keep in touch with the Employment Service. We encourage you to visit www.IllinoisJobLink.com, our online job search system, to view job listings. On any given day, www.IllinoisJobLink.com will contain thousands of jobs in Illinois and around the U.S., together with information on Federal civil service job opportunities. Log on at www.IllinoisJobLink.com​.​

   Important Numbers

   Tele-Serve: (312) 338-IDES / (312) 338-4337

   TDD/TTY: 1-800-662-3943

   Claimant Services: 1-800-244-5631

   IMPORTANT ​NOTICES:

   WHY IDES COLLECTS AND USES PEOP​LE'S SOCIAL SECURITY NUMBERS?

   The Illinois Department of Employment Security collects and uses social security numbers (SSNs) in the administration of the unemployment insurance and employment service programs. State and federal law require the Department to use SSNs for the purpose of verifying the identity of unemployment benefit claimants. SSNs are used in the administration of the employment service program to verify that unemployment benefit claimants have registered for work with the employment service, as required by law. The Department also uses SSNs in the development of aggregate statistics. The aggregate statistics do not identify individuals or disclose any SSNs. The Department complies with the strict requirements set forth in federal and state law for maintaining the confidentiality of SSNs and protecting against their unauthorized disclosure.

   TRA ASSISTANCE BENEFITS

   Workers who lose their jobs or who experience reduced work hours and wages as a result of increased imports or the shifting of their jobs to other countries may qualify for additional benefits under the federal Trade Act of 1974 and its amendments (Trade Act of 2002 or Trade and Globalization Adjustment Assistance Act 2009 or Trade Adjustment Assistance Extension Act of 2011.) The worker group must be certified as eligible by the United States Department of Labor. The benefits administered by IDES include income support, the Health Coverage Tax Credit and reemployment wage supplement for older workers.

   EQUAL OPPORTUNITY IS THE LAW

   The Illinois Department of Employment Security (IDES) administers programs authorized under the Wagner-Peyser Act (Employment Service) and Unemployment Insurance programs authorized under Title III of the Social Security Act. It is against the law for the Illinois Department of Employment Security (IDES), a recipient of federal financial assistance, to discriminate on the following bases: Against any individual in the United States, on the basis of race, age, color, religion, sex, national origin, disability, political affiliation or belief; and against any beneficiary of programs financially assisted under Title I of the Workforce Investment Act of 1998 (WIA), on the basis of the beneficiary's citizenship/status as a lawfully admitted immigrant authorized to work in the United States, or his or her participation in any WIA Title I-financially assisted program or activity.

   IDES Must Not Discriminate in Any of the Following Areas:

   Deciding who will be admitted, or have access, to any WIA Title I-financially assisted program or activity; providing opportunities in, or treating any person with regard to, such a program or activity; or making employment decisions in the administration of, or in connection with, such a program or activity.

   What To Do If You Believe You Have Experienced Discrimination:

   If you think that you have been subjected to discrimination under the "Employment Service" or "Unemployment Insurance" programs or activity, you may file a complaint within 180 days from the date of the alleged violation with either: The IDES Equal Opportunity Officer, Office of Equal Employment Opportunity/Affirmative Action, 33 S. State Street, Chicago, Illinois 60603- 2803 or: The Director of the Civil Rights Center (CRC) U.S. Department of Labor, 200 Constitution Avenue NW, Room N-4123, Washington, DC 20210 If you file your complaint with IDES, you must either wait until IDES issues a written Notice of Final Action, or until 90 days have passed (whichever is sooner), before filing with the Civil Rights Center (see address above). If IDES does not give you a written Notice of Final Action within 90 days of the day on which you filed your complaint, you do not have to wait for IDES to issue that Notice before filing a complaint with CRC. However, you must file your CRC complaint within 30 days of the 90- day deadline (in other words, within 120 days after the day on which you filed your complaint with IDES). If IDES does give you a written Notice of Final Action on your complaint, but you are dissatisfied with the decision or resolution, you may file a complaint with CRC. You must file your CRC complaint within 30 days of the date on which you received the IDES Notice of Final Action. IDES is an equal opportunity employer and complies with all state and federal non discrimination laws in the administration of its programs. Auxiliary aids and services are available upon request to individuals with disabilities. Contact the Office Manager of the IDES office nearest you or the Equal Opportunity Officer​.

   Unemployment Insurance Rights for Employers

   A. Notice Of Claim

   As soon as possible after a claim is filed for benefits, a “Notice of Claim to Last Employing Unit” and “Last Employer or Other Interested Party” is sent to the claimant’s last employing unit, the employer whose experience rating will be chargeable if benefits are paid to the individual and to any other individual or organization for which the individual provided services subsequent to the beginning of the claimant’s benefit year. The same notice is sent when an additional claim or a claim for Extended Benefits is first filed.
   

   An employer that receives the above Notice and which believes that the claimant may be ineligible for benefits for any reason, must immediately file a letter or a Notice of Possible Ineligibility (Form ADJ030F) (return copy) if it wishes to be a party to the claims adjudicator’s determination. Unless the employer is a party to a determination, it does not have the right to appeal an adverse determination. This Notice must be mailed to the Illinois Department of Employment Security by the designated “REPLY DUE DATE” (within 10 days from the NOTICE OF CLAIM). As mentioned above, if the Notice is not sent by the employer within the time period required, the employer loses its appeal rights except with regard to the issues of availability, disqualifying income, refusal of work or “not unemployed” for subsequent weeks. (Section 702 and 56 Ill. Adm. Code 2720.130)

   Pursuant to 56 III. Adm. Code 2720.132, if an employing unit discharges an individual for an alleged felony or theft connected with his work, the employing unit must notify:

   Illinois Dept. of Employment Security
   Labor Dispute & Determination Section
   33 South State St.
   Chicago, Illinois 60603

   The notification must be sent within 10 days of the date that the individual files his next claim for benefits. This notice must meet the sufficiency requirements of Section 602B of the Act. It is advisable that the employing unit mail this notice to the Department as soon as possible after the separation of the individual from the employing unit.

   B. Notice Of Possible Ineligibility Form ADJ030F (Return copy)

   A Notice of Possible Ineligibility (Form ADJ030F) or a letter containing the equivalent information should be mailed or faxed to the designated office within 10 days of the date of the notice of claim.

   Failure to file a Notice within 10 days will result in a loss of party status and appeal rights. (Section 702 and 56 Ill. Adm. Code 2720.130)

   Information contained on the Notice should include the names, addresses and telephone numbers of persons having personal knowledge of the facts and circumstances supporting the allegations.

   The Notice must also meet the sufficiency requirements of 56 Ill. Adm. Code 2720.130(c) as follows:

   1. A separate Notice should be sent for each claimant.
   2. The allegations must be supported by material reasons or facts, rather than conclusions of law. (Section 702).
   3. If the employer alleges that the claimant is ineligible for benefits because of vacation pay, the employer must state the amount paid and must also designate the period to which such pay is allocated. (Section 610 and 56 Ill. Adm. Code 2920.30)
   4. If the employer alleges that the claimant is not eligible for benefits because of a labor dispute, the employer must provide the Department with the name and social security number of each worker involved in the dispute within five days of the start of the period of the work stoppage due to such labor dispute. (Section 604)

   If the Department determines that the Notice has not met the sufficiency requirements, the Notice will be returned with a description of the needed information.

   If the Department determines that the Notice has not met the sufficiency requirements, the Notice will be returned with a description of the needed information.

   If the requested information is mailed back within 10 days of the date the Department returned the Notice to the employer, the Notice will be considered filed on the date that the Department originally received it. (56 Ill. Adm. Code 2720.130(e))

   The Department will not return the Notice more than once. A determination that a Notice is insufficient may be appealed.

   It is of the utmost importance that each allegation on the Notice of Possible Ineligibility be supported by as detailed a statement of the facts as possible. The claims adjudicator can make a correct determination only to the extent that the facts and circumstances relevant to the claim are known to him. A mere allegation that a worker has been discharged for misconduct connected with the work is inadequate. An allegation should be supported by a summary of the events which led to the worker’s discharge. Similarly, an allegation that the worker is not available for work should be supported by a statement of the facts that led the employer to believe that the worker is unavailable.

   C. Claims Adjudicator’s Determination As to Eligibility

   For each week for which a claim for benefits is made, a claims adjudicator makes a determination as to the claimant’s eligibility. (Section 702 and 56 Ill. Adm. Code 2720.140)
   

   An employer that has filed a sufficient Notice of Possible Ineligibility within the 10-day time limit is a party to such determination and is entitled to a notice of the determination and has the right to appeal it. The General Assembly, with the approval of the Governor, has allocated one million dollars to provide free legal assistance to “small employers” (less than 20 employees during two of the four quarters preceding the request for free assistance) at Departmental hearings. To implement this provision, the Department contracted with a private law firm to provide this assistance. A contact telephone number is printed on determinations, decisions, etc., the appeals of which are covered by this program.

   If no Notice of Possible Ineligibility or letter has been filed within the time limit, the employing unit is not a party to the determination.

   Even though an employer does not send a Notice within the proper time limit, the claims adjudicator will consider the information disclosed on the late Notice in making his/her determination or in reconsidering a determination already made. An employer should send a Notice if it believes the claimant to be ineligible, even though the 10-day period has expired. A late Notice does not make the employer a party to the determination and cannot be made the basis of an appeal except with respect to the issues of availability, disqualifying income, refusal of work or “not unem­ployed,” for subsequent weeks. However, the non-party employer will receive a copy of the determination for its information only. (56 Ill. Adm. Code 2720.140)

   An employer that has filed a sufficient and timely Notice of Possible Ineligibility alleging an issue of availability, disqualifying income, refusal of work or “not unemployed” becomes a party to any determination made with respect to the week for which the

   Notice is received. Such employer will have appeal rights to the determination.

   Any employer that does not receive a Notice of Claim but which has knowledge of facts indicating the possible ineligibility of the claimant may mail a Notice of Possible Ineligibility or a letter containing the information to Claimant Services, Department of Employment Security or to the local office.

   D. Report of Workers Affected By A Labor Dispute

   An employer that wishes to contest a worker’s eligibility for benefits on the grounds that his unemployment is due to a stoppage of work because of a labor dispute must, within five days after the worker’s unemployment begins, mail to:
   

   Illinois Dept. of Employment Security
   Labor Dispute & Determination Section
   33 South State St.
   Chicago, Illinois 60603

   A Report of Workers Affected by Labor Dispute (Form ADJ027FE) or a letter setting forth the names and social security numbers of the workers involved and the establishment affected by the labor dispute.

   Upon receipt of the employer’s list, a Labor Dispute Questionnaire (Form ADJ032FE) is sent to the employer and to either the union or to the designated representative of the employees involved in the labor dispute.

   This questionnaire must be returned within 10 days or the adjudicator will issue his determination based on the information that is included in the record at that time. Form ADJ027FE pertains only to possible ineligibility resulting from a labor dispute and does not operate as a Notice of Possible Ineligibility with respect to any other issue. If any other issue exists, Form ADJ030F should be used. (Section 604 and 56 Ill. Adm. Code 2720.130(d)(3))

   E. Notice of Determination

   If a sufficient and timely Notice of Possible Ineligibility (Form ADJ030F) is filed by an employer, the employer will be sent a Notice of the Claims Adjudicator’s Determination (Form ADJ004L).
   

   In the case of a labor dispute, if an employer files a timely Report of Workers Affected by Labor Dispute (Form ADJ027FE), the employer will be sent a Notice of the Claims Adjudicator’s Determination accompanied by Form ADJ004L.

   In either case, if the employer believes that the determination is not correct, it must file its appeal with the claims adjudicator at the address provided therein within 30 days of the mailing date of the notice of the determination. If such an appeal is filed on time, a hearing will be scheduled and the parties will be notified of the time and place of such hearing. The General Assembly, with the approval of the Governor, has allocated one million dollars to provide free legal assistance to “small employers” (less than 20 employees during two of the four quarters preceding the request for free assistance) at Departmental hearings. To implement this provision, the Department contracted with a private law firm to provide this assistance. A contact telephone number is printed on determinations, decisions, etc., the appeals of which are covered by this program.​

   Illinois Unemployment Insurance Act (UI Act)

   The UI Act is the overall governing law in Illinois for the unemployment insurance system. It was enacted by the Illinois General Assembly and governs the receipt of unemployment insurance benefits by individuals, the payment of unemployment insurance contributions by employers, and many other situations involving the unemployment insurance system. No one Section of the UI Act is more important than any other Section. The entire Act can be found in the llinois Unemployment Insurance Law Handbook.
   

   Administrative Rules for IDES

   Through the Illinois Administrative Procedure Act (IAPA) [5 ILCS 100], the General Assembly has delegated the authority to State agencies to implement law through Administrative Rules. The IDES Administrative Rules can be found in the Illinois Unemployment Insurance Law Handbook. All IDES Rules are required to be approved by the General Assembly’s Joint Commission on Administrative Rules. No one Rule is more important than any other Rule. Some Rules contain examples as to how the Rule applies to hypothetical situations to assist in applying the Rule to particular circumstances.