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A few weeks after letting an employee go, the Illinois Department of Employment Security (IDES) called us and asked several questions about how the employee was terminated, what was said, etc. We have not yet received any formal notice of the employee’s claim for unemployment benefits, and we do not intend to challenge the employee’s claim. Are we required to answer these questions? – IBA Compliance Connection

IBA Compliance Connection

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A few weeks after letting an employee go, the Illinois Department of Employment Security (IDES) called us and asked several questions about how the employee was terminated, what was said, etc. We have not yet received any formal notice of the employee’s claim for unemployment benefits, and we do not intend to challenge the employee’s claim. Are we required to answer these questions?

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While this question is outside the purview of our practice area, we have briefly reviewed the Unemployment Insurance Act and the accompanying administrative rules regarding your question.

We are not aware of any provisions in the Unemployment Insurance Act or its rules that would require an employer to respond to informal, ex parte questions about a particular employee whose claim for unemployment benefits has not been challenged by the employer. While the Act requires employers to respond to subpoenas issued by the IDES, we do not believe this duty extends to informal questions posed outside of the process for adjudicating unemployment claims. Of course, you must comply with the Act’s reporting requirements, and you must make any required reports fully and promptly available to the IDES. 820 ILCS 405/1800.

If you receive a similar phone call in the future, we would recommend first confirming that the caller is indeed an employee of IDES.  Also, it may be prudent to request a subpoena before answering questions about a particular employee, as answering questions outside of the Act’s adjudication process could risk infringing on the employee’s privacy expectations or rights.

Please understand that we are not providing legal advice on your question, and you may wish to consult with employment counsel specializing in questions of this nature.