Letters from the Illinois Department of Employment Security (IDES) Should be Opened Immediately!

By: Nancy E. Joerg, Esq.

This article is on a very practical, yet crucial, subject—how to handle your correspondence from the Illinois Department of Employment Security (IDES).

Over the years, I have noticed that certain companies have a logjam concerning their mail. There is an in-box, and correspondence can sit for awhile in that in-box, particularly if the business has several locations or if the owner of the Company is away on a vacation.

Be aware that correspondence from the IDES often contains strict due dates. If the Company fails to respond or protest by the strict due date, then the Company loses all future rights of appeal! Just like that, your case is over!!

A case in point… a Company receives a Notice from the IDES that its unemployment insurance rate has gone up a whole percentage point (this would translate into many additional dollars spent by the Company on its unemployment insurance contributions). However, for the Company to protest that increased rate, it must protest by a given due date.

If the Company's protest comes in to the IDES even one day late, the Company has lost all rights of protest—no matter what the excuse might be! The fact that the owner was away on vacation or the Company accountant was sick are excuses that will fall on deaf ears. Essentially, there are no excuses for late company protests with the IDES.

With this scenario in mind, all companies should have a strict policy that any IDES correspondence be opened immediately upon receipt. The letter should instantly be reviewed (to see if there is a matter to be protested and what the due date is).

In my experience, it is not unusual for a company to receive a letter from the IDES where the protest due date is that very day!

To add to the problem, the IDES sends out much important correspondence via regular U.S. mail (often not sent via certified mail). Therefore, be sure that all of your employees are instructed to leave no IDES correspondence unopened, even for a day!

Because the IDES is very active now due to the high rate of unemployment statewide, there is more correspondence than ever from the IDES. Set up effective policies within your Company to have all IDES correspondence opened and read immediately upon receipt.

Questions about this topic or other management-side labor and employment law issues? Please contact WS Shareholder and Senior Attorney Nancy E Joerg at 630-377-1554, najoerg@wesselssherman.com, or visit our website.