Not a Member? Get access to HR news and resources that you can trust.
Change can be scary, but deploying new HR software doesn't have to be.
Is your employee handbook ready for the New Year? With SHRM’s Employee Handbook Builder get peace of mind that your handbook is up-to-date.
Get the HR education you need without travel expenses or time out of the office.
We don’t just visit a city, we take it over. Join the HR community in NOLA -- June 18-21, 2017.
SHRM Supports Employer Representation by Non-Attorneys in Unemployment Compensation Hearings in Illinois Court Case
Alexandria, Va. - On Friday, March 27, 2009, SHRM filed an amicus brief in the Illinois Appellate Court case
Grafner v. Illinois Department of Employment Security (IDES).
In the initial unemployment compensation hearing, the petitioner was represented by counsel and the employer was represented by a non-attorney. When the petitioner’s unemployment compensation was denied, she challenged the decision arguing that since the employer was not represented by an attorney, the hearing was invalid. The Illinois Bar Association supported the petitioner’s case by filing a separate brief arguing that an employer’s representation by a non-attorney in unemployment compensation hearings amounts to the unauthorized practice of law.
SHRM’s amicus brief argued that unemployment proceedings are not judicial proceedings and that the long-standing practice of non-lawyer representation of both parties in informal unemployment compensation proceedings should not be considered the unauthorized practice of law.
SHRM made similar arguments in two cases decided by the Pennsylvania courts in 2007. In the Pennsylvania cases
(Piunti v. Commonwealth of Pennsylvania and
Harkness v. Unemployment Compensation Review Board) the courts ruled that non-attorneys
may represent employers in unemployment compensation proceedings.
The Illinois State Council for SHRM, along with the National Federation of Independent Business Small Business Legal Center, Metropolitan Chicago Healthcare Council, Illinois Manufacturers’ Association, Association of Unemployment Tax Organizations, and UWC-Strategic Services on Unemployment and Workers’ Compensation joined SHRM’s amicus brief in the
SHRM’s amicus brief in the
Grafner case is available
You have successfully saved this page as a bookmark.
Please confirm that you want to proceed with deleting bookmark.
You have successfully removed bookmark.
Please log in as a SHRM member before saving bookmarks.
Your session has expired. Please log in again before saving bookmarks.
Please purchase a SHRM membership before saving bookmarks.
An error has occurred
Recommended for you
CA Resources at Your Fingertips
SHRM’s HR Vendor Directory contains over 3,200 companies