Carpentersville, IL asked in Employment Law for Illinois

Q: My work is opening illegally & defying the governors no indoor dining order, will unemployment side with me if I quit?

I live in Illinois, and I also have an underlying health condition (asthma) . I was told I was laid-off 4 days ago, I began the unemployment process, as they were closing the doors and following the rules at first, now I am told I need to return in a couple days.

Related Topics:
1 Lawyer Answer
Cynthia Pietrucha
PREMIUM
Cynthia Pietrucha pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: What a crazy world we live in! Be very careful in this scenario. To collect unemployment benefits, if you are not coming in due to asthma, you would need a doctor's note BEFORE you don't return. Also you should communicate in writing so you have evidence of your communications. It's likely the employer will blame you for being unemployed.

Here is some more helpful information about being denied unemployment benefits because you voluntarily leave your job.

Voluntary Leave = without good cause? 820 ILCS 405/601A

1. Seven exceptions exempt worker from “good cause” disqualification:

Exception #1 = Doctor Says Physically Unable to Work + Worker

Notifies Employer Before Medical Leave: When the worker is deemed physically

unable to perform his work by a licensed and practicing physician, or where the worker

leaves work upon the advice of a licensed and practicing physician that assistance is

necessary for the purpose of caring for his spouse, child, or parent who is in poor physical

health, and such assistance will not allow him to perform the usual and customary duties

of his employment. In either instance, the worker must notify his employer of the reason for

leaving before the exception will apply. (Section 601B1)

2. COVID-19 exception: If government-imposed of government

recommended quarantine = worker unemployed through no fault of own:

a) Not fault unemployed, but to qualify for benefits, worker still needs

to meet all other eligibility requirements:

(1) Able to work

(2) Available to work

(3) Registered with the state employment service

(4) Actively seeking work from the confines of his/her home

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.