If the employer does not have unemployment insurance can an employee with a legitimate claim still receive unemployment benefits

Asked almost 5 years ago - Chicago, IL

Unemployment benefits

Attorney answers (1)

  1. Christopher R. Minelli

    Contributor Level 12

    Answered . Generally, no. The Illinois unemployment scheme contemplates that employers will "pay" for unemployed persons (much like workers' compensation) as a general cost of doing business in the state. Thus, unemployment benefits do not come out of the state's general tax reserves. If the employer is not subject to unemployment insurance regulation (such as railroads, small employers, and agricultural employers, to name a few) then employees of them are not permitted to obtain unemployment benefits.


    Good luck!

    Christopher R. Minelli
    Minelli Law Offices, LLC
    Chicago, Illinois
    (312) 214-7262

    NOTE: This answer is not intended to be legal advice and should not be construed in that way. This answer does not create an attorney-client relationship and no such relationship may be created absent a signed retainer agreement. The author is licensed in Illinois only, and his answer is for educational purposes alone.

Avvo instant logo@2x

Need an answer to your questions within 15 minutes?

  • 30-minute phone call
  • Ask any questions
  • $99 flat fee
  • Money-back guarantee
Talk to an attorney now

Can't find what you're looking for?

Ask span5@2x

Ask a question on our public forum.

Ask a lawyer
Or@2x
Instant span6@2x

Have an attorney contact you privately.

Right now.

Icon lock@2x
Secure conversation. Your details remain between you and your attorney.
Icon clock@2x
Get an answer guaranteed. Be assured that a lawyer will contact you to help with your legal issue.
Start your session now