Under the Illinois Unemployment Insurance Act, terminated employees are not eligible to receive unemployment compensation benefits if they are discharged for “misconduct.” Misconduct is a deliberate and willful violation of a work rule or policy when the rule or policy is reasonable and either the violation harms the employer or the employee repeatedly broke the rule despite previous warnings.
But what about an employee who unintentionally violates a reasonable rule or policy? Is she ineligible for unemployment comp? In Odie v. Illinois Department of Employment Security, the Illinois Appellate Court clarified the circumstances when an employee’s unintentional violation may be considered “deliberate and willful.”
The case of the sleeping caregiver
In Odie, the plaintiff worked as a certified nursing assistant at a skilled nursing facility. Her job had been in jeopardy because of previous written warnings for tardiness...(register to read more)
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