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Tina, Lawyer
Category: Legal
Satisfied Customers: 8775
Experience:  JD, BBA Over 25 years legal and business experience.
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I have been denied unemployment benefits because I was

Customer Question

I have been denied unemployment benefits because I was dismissed for what the call misconduct, failure to wear a seat belt when driving a forklift. I understand that I can appeal this decision. How should I proceed andwhat are my chances of succeeding?
JA: What state are you in? It matters because laws vary by location.
Customer: Illinois
JA: Has anything been filed or reported?
Customer: I had a telephone interview after I filed claim and it was apparent they had info from my former employer
JA: Anything else you want the lawyer to know before I connect you?
Customer: I was written up 3 times in 1 year for this violation which triggered termination
Submitted: 9 months ago.
Category: Legal
Expert:  Marc replied 9 months ago.

Hello. My name is Marc. I'm a licensed attorney, experienced in employment law, and I will be happy to assist you.

I can imagine how frustrating this must be for you - first losing your job, then being denied benefits. Let's see what your options are.

Yes - there is an appeals process, which I can explain thoroughly. But first, I need to know two things:

(1) When did you receive notice that your benefits were denied?

(2) Are there any reasons why you didn't wear the seat belt? Your chances of winning an appeal will depend on whether you had some kind of reasonable excuse here, or some circumstances that would mitigate your violation of the company policy.

Please let me know, and I'll get right back to you with some answers and guidance.


Expert:  Marsha411JD replied 9 months ago.


I see that the previous Expert opted out of continuing to work on your question. If you still need assistance in this matter, then if you will answer the questions that he asked, I can discuss the issue with you. If you no longer need assistance, then you can contact customer service for a refund of any deposit you might have left with the Site.