Abbott Industries v. Department of Employment Security
2011 IL App (2d) 100610
| Ill. App. Ct. | 2011Background
- Mitchell worked as an apprentice plumber for Abbott Industries starting June 2006 under a federal apprenticeship program.
- Abbott required a GPA of 2.5 or higher and no grades of D or below, plus attendance of eight hours at school and up to 32 hours of contractor work per week.
- Mitchell had 25 absences or partial days in 2008 and a GPA of 2.14 with three Ds for the latest six-month period.
- She was fired on December 20, 2008, with Abbott citing poor grades and attendance.
- The Board of Review concluded Mitchell did not commit misconduct and was eligible for unemployment benefits; the circuit court reversed that decision, and the Department appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether absences and low grades amount to misconduct under the Act | Mitchell argues absences were due to her mother's illness and lack of alternatives. | Abbott argues violations were deliberate and willful and thus misconduct. | No clear error; not misconduct; benefits affirmed. |
| Whether the Board properly applied the 'deliberate and willful' standard | Mitchell contends absences were caused by circumstances beyond her control. | Abbott argues absences show disregard for rules; more than negligence. | Standard applied correctly; absence due to caretaking not deliberate misconduct. |
Key Cases Cited
- Washington v. Board of Review, 211 Ill. App. 3d 663 (Ill. App. 1991) (absence due to illness not misconduct when no deliberate act)
- Wrobel v. Department of Employment Security, 344 Ill. App. 3d 533 (Ill. App. 2003) (negligence not misconduct when no deliberate disregard)
- Zuaznabar v. Board of Review of the Department of Employment Security, 257 Ill. App. 3d 354 (Ill. App. 1993) (benefits for non-deliberate violations)
- AFM Messenger Service, Inc. v. Department of Employment Security, 198 Ill. 2d 380 (Ill. 2001) (mixed question of law and fact; clearly erroneous standard)
- Messer & Stilp, Ltd. v. Department of Employment Security, 392 Ill. App. 3d 849 (Ill. App. 2009) (misconduct requires intentional act; non-intentional may qualify for benefits)