Once the employee files a claim for benefits, a Notice of the Claim is sent by IDES to the claimant's last employing unit. The employer's "experience rating" will be chargeable if benefits are paid to the claimant.
An employer that receives this Notice and believes that the claimant is ineligible to receive benefits (see 820 ILCS 405/620 et seq) must immediately (within 10 days of receiving the IDES Notice) file a letter or a Notice of Possible Ineligibility (See IDES form UI(ILL) BIS 32 and 56 Ill. Admin Code 2720.130(c)) in order to initiate the process to protest the claim and have the claimant's eligibility determined by an IDES Claims Adjudicator.
If your Protest is Denied
If the employer submits a Notice of Possible Ineligibility (Form UI(ILL) BIS 32) within the allotted time frame to IDES, the employer will receive a Notice of the Claims Adjudicator's Determination (Form BEN 134) that will contain the Adjudicator's decision on eligibility.
If the claimant is determined eligible, the employer may file a notice of appeal which must be filed with IDES at the employer's local Illinois unemployment insurance office where the claim was initially filed. This notice of appeal must be filed within 30 days of the mailing date of the notice of Determination (see 820 ILCS 405/702). If such an appeal is filed in time, a hearing will be scheduled and the parties will be notified of the time and place of such hearing.
At this hearing, the employer has the right to be represented by an attorney.