Preparing For Your Appeal Hearing

This page provides claimants and employers with important information about the appeal hearing and the decision of the Referee. Please read all of the information carefully.

What is a benefit appeal hearing?

An appeal hearing is a fact-finding process to determine whether an individual is eligible for unemployment insurance benefits. The hearing is your opportunity, as a claimant or employer, to present your case to an IDES administrative law judge, called a Referee. The Referee, an attorney at law, will determine whether unemployment insurance benefits are payable.

This page contains general information only. Hearings are governed by the Illinois Unemployment Insurance Act, 820 ILCS 405/100 et seq., and the Benefit Rules, 56 Illinois Administrative Code Section 2720. Please see these laws and rules for the actual wording of the Act.

Why is the hearing important to me?

Regardless of whether the claimant or the employer requested the hearing, you must participate if you want your information considered.

If you are the appellant (you filed the appeal) and fail to participate, your appeal will be dismissed.

If you are the respondent (you are answering the other party’s appeal), failure to participate may result in a decision favorable to the other side.

If you are the claimant and you lose, you must repay any benefits you received. Overpaid benefits will be deducted from future benefits for which you become eligible and may be recovered by other means as well including interception of tax refunds.

If you are the employer and you lose, benefits paid to the claimant may be charged against your unemployment insurance account and your unemployment insurance tax rate may increase. 

Can someone help me?

The hearing process is designed for the parties to be able to appear without a representative. The Referee is charged with conducting a fair and impartial hearing and it is his/her responsibility to protect the rights of all parties. However, you have the right to have a representative of your choice to help you at the hearing. Your representative can be an attorney or any other individual you choose.

IMPORTANT NOTICE

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 are independent law firms and are not part of IDES. Representation at your hearing is not automatic and they may decline representation on several factors, including the particular facts of your case.

For the legal service program, please call toll-free (844)562-7448 (Out of State and TTY capable) or visit Workforce Law Partners: https://www.fishlawfirm.com/ides-help/.

Note: A small employer is an employer who 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 p.m., Monday through Friday.

How will I know when my hearing is scheduled?

You will be sent a notice in the mail about ten (10) days in advance with the date and time of the hearing. Please refer to the notice for specific instructions and contact information.

All appeal hearings are scheduled to be conducted by telephone. An in-person hearing will not be granted unless a party shows good cause under the Act. The Referee will call you at the telephone number shown on the notice. This is the most recent number we have for you. If you have changed your telephone number or wish to be called at a different number you must contact the Referee at the email address provided on the Notice of Hearing. Do not call your local office.

It is important that you be available at the date and time listed on the notice. The Referee will try to contact you on time or as soon after the scheduled time as possible. Hearings are scheduled at thirtyminute intervals. Please be patient in case the hearing prior to yours runs longer than expected. In order to avoid the dismissal of your appeal, please remain available to accept the Referee’s call for at least one (1) hour from the scheduled hearing time.

If we do not have a telephone number for you on file, you must contact us with a number where you can be reached. Contact the Referee immediately as indicated on your notice. If you fail to contact us with a number for the hearing you will default your appearance and your appeal may be dismissed, or a decision may be made in favor of the opposite side.

What is a telephone hearing?

In a telephone hearing, the parties talk to each other by conference call. A conference call allows all parties to hear everything that is said during the hearing. If you have witnesses, they can be called at the telephone number most convenient for them, even if it is different from your number. The Referee can add witnesses to the conference call in order to get their testimony. Contact the Referee immediately as indicated on your notice to provide witness names and telephone numbers prior to the day of the hearing. If you do not have access to a telephone, you can use a telephone at the local office. Contact the appeals office or your nearest local office for help.

If your telephone has a call blocking feature, you must clear it prior to the hearing. If a receptionist or someone other than you normally answers the telephone, be sure they know you are expecting the Referee to call. If you have an answering machine, be sure to answer the telephone when it rings. If the Referee gets a recorded message he/she may assume you will not be participating.

Can I postpone my hearing?

The hearing date or time will not be changed other than for “exceptional reasons” that prevent a party or a necessary witness from appearing as scheduled. Exceptional reasons are substantial and compelling circumstances that you must demonstrate in order to obtain a postponement. They do not include the ordinary press of business or personal affairs. What constitutes good cause for a postponement may be found in Section 2720.240 of the Act. The Referee, or their supervisor if they are absent, has the authority to allow or deny a continuance request. If you need a continuance, contact the appeals office immediately. You must show actual need for a continuance within the rules and must be available within 7 days of the noticed hearing date. Information on how to contact the Referee to request a continuance is on your Notice of Hearing.

What if I do not speak English or need help?

If you or your witnesses do not speak fluent English, the Referee will contact a translation service at the time of the hearing. If you are hearing impaired and need IDES to provide special assistance, call the 800 number shown on the first page of this pamphlet. You may also email the Referee as soon as you receive your Notice of Hearing to make this request.

What will happen at the hearing?

The Referee will start the hearing by explaining the process, the issues and the order of testimony. The Referee will place the parties under oath or affirmation. The Referee will make a recording of the hearing to preserve a record of the testimony. The Referee is responsible for bringing out all pertinent facts relating to the issue and will ask questions of each party and witness in turn. No other recording is permitted.

After the Referee has asked questions, that party or witness may be asked questions by his/her own representative and may then be cross-examined by the opposing side. The same process will be followed for each person testifying until all parties have been heard.

The claimant and the employer will be given a final opportunity to add any further testimony or argument before the close of the hearing.

Referee hearings are confidential. By law the record of the hearing may not be used for any purpose outside of the Illinois Unemployment Insurance Act.

An orderly hearing benefits both parties. The Referee cannot permit interruptions. Disruptive parties may be barred from the hearing.

May I submit documents or other evidence?

The Referee will accept written evidence such as time cards, records or medical statements. Other evidence such as photos or charts also may be used. Referee decisions are based only on the preponderance of legally competent evidence. Any document submitted in evidence must be supported by testimony from a person at the hearing who has direct knowledge of the document’s contents. For example, third party affidavits or test results without someone who can testify as to their meaning or validity cannot overcome direct testimony from the opposing party. Likewise, business records must be supported by testimony during the hearing.

Unsupported documents may be considered hearsay and, as such, may not be used as the basis for a decision. If the Referee determines that any item is not appropriate to be entered as an exhibit, he/she will make a ruling on the record disallowing the exhibit.

IMPORTANT: If you intend to use written evidence, you must provide it to the Referee at least twenty-four (24) hours before the hearing and either include with it a copy of your notice or write the docket number found at the top of the notice on each page sent to the Referee.

You must also provide copies to the other parties involved before the hearing date. Their names and addresses are shown on the Notice of Hearing.

If you fail to provide copies of your written evidence to the other party before the hearing, the Referee may decide not to consider your evidence.

Subpoenas: You can ask the Referee to subpoena relevant witnesses or documents if the other party is unwilling to provide them. The Referee will allow or deny your request in accordance with the rules. To request a subpoena, you must contact the Referee immediately.

Each side is expected to have its evidence and witnesses available at the time of the hearing. Once the hearing is closed, nothing further may be added to the record. The Referee will not discuss any case either before or after the hearing.

What can I do to help present my best case at the hearing?

Before the hearing, write down the points you want to cover; make a checklist of the facts you feel are important. Write down any questions you want to ask your witness or the opposing side. Use your list to prepare your case and to make sure you do not forget anything.

Present only witnesses who have firsthand knowledge of the facts in your case. If you have witnesses, be sure they know the date and time of the hearing and are available to give testimony.

Testify only when it is your turn. Do not interrupt others. You will have the opportunity to speak and ask questions.

Testify to what you know; do not guess. If you do not know the answer to a question, say you do not know rather than guessing.

Do not repeat what has already been said.

Make your questions short and to the point. Ask only one question at a time.

Do not argue or get angry during the hearing.

Avoid having children, employees or other people who are not part of the hearing present during the hearing. They can distract you and cause you to miss an important point.

If you are not sure what to do during the hearing, ask the Referee.

When will I get a decision?

The decision will be mailed as soon as possible after the hearing. 

Claimants must continue to file their regular claim certifications while waiting for the hearing and for the decision.

What if I disagree with the Referee’s decision?

You can file a written appeal to the Board of Review within thirty (30) days of the mailing date of the Referee’s decision. You should state why you are appealing and include the docket number of the Referee’s decision.

The appeal may be filed at the local office or by fax at (630) 645-3731.

You can also appeal by mail at:

Illinois Department of Employment Security
C/O Board of Review
115 South LaSalle Street, 19^th Floor
Chicago, IL 60603

You may request a transcript of the Referee’s hearing when you appeal to the Board of Review. Otherwise, records of hearings are confidential and not provided.

IDES is an equal opportunity employer and complies with all state and federal nondiscrimination on laws in the administration of its programs. Auxiliary aids and services are available upon request to individuals with disabilities. The IDES Equal Employment Opportunity (EEO) Officer is responsible for compliance and can be reached at (312) 793-9290 or TTY (888) 340-1007.