[Your Name]

[Street Address]

[City, State ZIP]

[Date]

[IDES Office]

[Street Address]

[City, ST  ZIP Code]

re: [Your Name]

Determination No:  [Your Determination Number]

Social Security No:  [Your Social Security Number]

Claimant ID:  [Your Claimant ID]

To Whom it May Concern:

This letter will serve as my appeal of the above referenced Determination.  I request that the Determination be reversed for the following reasons.

I was unable to file an appeal within 30 days due to factors beyond my control in light of the Covid-19 pandemic and the stringent measure employed by the Federal, State and Local authorities to mitigate further spreading of the disease. As you are already aware, the Illinois Department of Employment security offices closed down due to the shutdown order issued by Governor Pritzker via an executive order. Consequently, there was a significant delay with respect to mailing services, and attempts to contact the Department of Employment offices was frustrated as responses to our inquiries were not received in a timely manner. It often took weeks for one to receive a return call from the Department and this was largely attributed to high volumes of citizens seeking redress from the Department owing to their employment frustrations during the unprecedented period of our modern age. Equally so, I would receive my mail about 3 ½ weeks from the date of mailing. Owing to such delays I was not awarded sufficient time to submit a request to appeal the decision.

I once again reiterate that failure to appeal within the requisite time was not intentional whatsoever and was instead an unfortunate and unforeseen consequence of the health crisis in the country. At the scheduled hearing it was determined that I was out of jurisdiction and thus couldn’t proceed with the hearing of my testimony. However, I was quoted as having been the victim of the consequences of the Covid-19 pandemic, yet the presiding officer declined to allow my testimony in the matter.

The above comes despite the fact that I called the Department and explained the predicament of my employment, my attempt to comply fully with Covid-19 regulations and concern for the safety of my family. I explained that I resided in the same premises with my mother (age 67), my sister and her two children. My mother is an elderly woman suffering from a terminal illness and as such, she was at a higher risk of not surviving Covid-19 should she contract it.

Unfortunately, the work environment did not allow employees the opportunity to comply-19 guidelines. There was limited social distancing as the loaders were in close proximity –less than 6 feet apart– of passing packages to us in the delivery trucks without any gloves on. This was a constant worry for me as I feared I may unknowingly contract the virus and unintentionally transmit the same to my family.

Initially I attempted to reduce potential spread of the virus by disinfecting and changing clothes before entering into the house but that did not give me peace and I continued to worry given the growing number of infections. Earning $15/hour and working 5 days –later reduced to 4 days– does not afford me the luxury of securing accommodation for myself.

On or around April 2020, I communicated to Patrick Goldman, the manager, that I was not feeling well. He enquired whether I was able to continue working and I responded in the affirmative because I have a responsibility to take care of my family. My condition did not improve and I was constrained to take days off. My employer did not prescribe that I be subjected to any medical testing and I would have been happy to go for testing had they required me to do so, which testing I would happily have submitted myself to.

On May 31st 2020, I was the victim of a carjacking where I was robbed at gunpoint and had my belongings stolen from me, including my license, credit cards, work ID, FedEx uniforms, and other possessions. This further complicated the circumstances as I was now forced to commute via public transport in order to go to work. Covid-19 transmits most efficiently where there are groups of people. I was very concerned for the safety of my family and I proceeded to notify Patrick of the circumstances.

Owing to failure to strictly comply with Covid-19 containment regulations, a driver by the name Oliver contracted the virus and so did his helper. The helper was compelled to come back weeks later only to find out Oliver was granted an extended leave for over a month. It doesn’t justify the fact that we all suffered from the pandemic that caused a widespread of violence, protesting and high number of deaths associated with the covid-19 virus.

It didn’t make common sense for me to travel with others taking into consideration the national emergency subjected to a federal, state, local quarantine or isolation order related to covid-19. It was my constitutional right being to exercise my rights during these uncertain times under the Families First Coronavirus Response Act. Noting my concern, I opted to reduce potential exposure to the virus. I maintained contact with Patrick up until July 16 2020 when I received a text message at 11:58 am notifying me that I have a final opportunity to report to work between Tuesday July 21, 2020, Wednesday July 22, 2020 and Thursday July 23, 2020.

As of January 2020 the work at northwest express slowed down drastically and they cut our days as helpers from 5 days to 4 days due to lack of work as stated. No prior statutory notice of ten (10) days was given to me as is required under the Chicago Fair Work Ordinance. This is a clear violation of my right as granted by the Ordinance. I was employed as a full time employee to work 5 days a week.

I contacted Patrick multiple times after as evidence shows herein through text messages in the form of actual evidence which wasn’t in the form of actual evidence which wasn’t provided in northwest express’s filing without a response as he stated on July 16th 2020 at 11:58am “work or be terminated”. I was not contacted no response.

On July 27th 2020 at 5:32pm I tried to resolve the matter and reached out to the Employer but no reply was been received. I never quit the job and I constantly maintained communication with my manager. Instead, I was retaliated against on alleged claims of noncompliance where in fact it was the Employer that refused to respond to my communications.

I applied to become and employee for northwest express as a driver helper. At the time, the description and information provided dictated that the position was subject to pay increments. I joined as a fulltime employee working 5 days a week. Sometime passed and I requested for a pay raise, which the general manager denied stating that the company doesn’t pay raises to helpers because they don’t earn profit for the company.

Following the above, I was unlawful terminated because I filed for unemployment insurance during a health crisis under president trump’s national emergency order as a national quarantine. On July 27th 2020 at 5:32 pm instead I was neglected and no response was issued to me.

Under the Families First Coronavirus Response Act, I had the right to seek leave intended to covid-19 to keep my family in the household safe and preventable from contracting the virus. Covid-19 wreaked havoc on the world and still continues. It caused lives to be taken from loved ones, it caused a lot of pain and hardships for everyone. The unemployment system was caught off guard to the problem at hand because we all haven’t witnessed anything of this magnitude since the Spanish flu. The economy clearly suffered a blow, however, rules and procedures must be followed and adhered to. I request my case to be heard in consideration of the health crisis and not as a normal event. I request my case be reconsidered and reviewed and that the decision be overturned

In United States ex rel. Negron v. New York, 434 F.2d 386 (2d Cir. 1970), the court held:

“Considerations of fairness, the integrity of the fact-finding process, and the potency of our adversary system of justice forbid that the state should prosecute a defendant who is not present at his own trial”

A sentiment that holds true to this day.

I swear to my testimony herein that all stated is the truth and is to the best of my ability., thanks and god bless.

Sincerely,

[Your Name]

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