ILCS » Chapter 820 · Act 405
Illinois Compiled Statutes

820 ILCS 405/239 (2026)

"Unemployed individual"

✓ current as of May 2026
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(820 ILCS 405/239) (from Ch. 48, par. 349)
    Sec. 239. "Unemployed individual".
    An individual shall be deemed unemployed in any week with respect to which no wages are payable to him and during which he performs no services or in any week of less than full-time work if the wages payable to him with respect to such week are less than his weekly benefit amount. The Director shall prescribe regulations applicable to unemployed individuals making such distinctions in the procedures as to total unemployment, part-total unemployment, partial unemployment of individuals, and other forms of short-time work as the Director deems necessary.
    An individual's week of unemployment shall be deemed to commence only after his registration at an employment office, except as the Director may by regulation otherwise prescribe if he finds that the foregoing requirement with respect to registration would be inequitable or administratively impracticable.
(Source: P.A. 77-1443.)

    
Notes of Decisions
Cited in 6 cases (1 in the last 5 years), 2001–2025 · leading case: Hmelyar v. Phoenix Controls, 791 N.E.2d 695 (Ill. App. Ct. 2003).
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Hmelyar v. Phoenix Controls, 791 N.E.2d 695 (Ill. App. Ct. 2003). · cites it 5× “The Board found that, during this period, plaintiff was not “unemployed” under section 239 of the Unemployment Insurance Act (the Act) (820 ILCS 405/239 (West 2000)). On appeal, plaintiff contends that this finding is against the manifest weight of the evidence.”
Acevedo v. Dep't of Emp. Sec., 755 N.E.2d 93 (Ill. App. Ct. 2001). “820 ILCS 405/239 (West 1998). If petitioner’s wages had fallen below that mark, he could have filed a claim for partial benefits.”
Murphy v. Bd. of Review of Dep't of Emp. Sec., 917 N.E.2d 559 (Ill. App. Ct. 2009). · cites it 2× “Further, the Board found that pursuant to section 239 of the Act (820 ILCS 405/239 (West 2006)), plaintiff was not an “unemployed individual” because his weekly compensation as township supervisor was more than his weekly benefit amount.”
Hmelyar v. Phoenix Controls (Ill. App. Ct. 2003). · cites it 5× “The Board found that, during this period, plaintiff was not "unemployed" under section 239 of the Unemployment Insurance Act (the Act) (820 ILCS 405/239 (West 2000)). On appeal, plaintiff contends that this finding is against the manifest weight of the evidence.”
Daka v. Dir. of Emp. Sec., 2025 IL App (2d) 240294 (Ill. App. Ct. 2025). “” 820 ILCS 405/239 (West 2022). As such, the Department’s overpayment to Daka was not without fault on his part because he made material misrepresentations about his employment status and wages on his required certifications for continued eligibility for benefits.”
Acevedo v. Dep't of Emp. Sec. (Ill. App. Ct. 2001). “820 ILCS 405/239 (West 1998). If petitioner's wages had fallen below that mark, he could have filed a claim for partial benefits.”
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