Childress v. Department of Employment Security
405 Ill. App. 3d 939
Ill. App. Ct.2010Background
- Childress was employed by the Chicago Park District from 1999 until October 15, 2008, when she accepted a voluntary severance package.
- She applied for unemployment benefits; the Park District protested, arguing she voluntarily left without good cause attributable to her employer.
- A Department claims adjudicator denied benefits on February 19, 2009, based on section 601(A) of the Illinois Unemployment Insurance Act.
- A telephonic hearing was held March 31, 2009; Plaintiff testified she accepted the buyout due to anticipated layoffs, but she was not notified of a specific layoff.
- The referee affirmed the denial on April 1, 2009; the Board affirmed on June 3, 2009, concluding the buyout was voluntary and not coercive, and there was no good-cause-attributable-to-employer evidence.
- The circuit court reversed the Board's decision; defendants appealed, and the appellate court ultimately reversed the circuit court, upholding the Board.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Board's decision denying benefits was clearly erroneous | Childress argues she had good cause due to anticipated layoffs and work conditions. | Defendants contend the buyout was voluntary and exceptions to ineligibility did not apply. | Board's decision not clearly erroneous; ineligible under 601(A). |
Key Cases Cited
- Collier v. Department of Employment Security, 157 Ill.App.3d 988 (Ill. App. 1987) (good cause and exceptions to buyouts)
- AFM Messenger Service, Inc. v. Department of Employment Security, 198 Ill.2d 380 (Ill. 2001) (mixed question of law and fact; clearly erroneous standard)
- Henderson v. Department of Employment Security, 230 Ill.App.3d 536 (Ill. App. 1992) (employee should seek reasonable resolution of conflicts)
- White v. Department of Employment Security, 376 Ill.App.3d 668 (Ill. App. 2007) (prior decisions on eligibility and buyouts)
- Oleszczuk v. Department of Employment Security, 336 Ill.App.3d 46 (Ill. App. 2002) (standard of review for Board decisions)
- First Capitol Mortgage Corp. v. Talandis Construction Corp., 63 Ill.2d 128 (Ill. 1976) (binding standard for administrative review)