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.

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1 Lawyer Answer
Cynthia Pietrucha
Cynthia Pietrucha
  • Naperville, IL
  • Licensed in Illinois

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

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