2020 IL App (1st) 190299
Ill. App. Ct.2020Background
- Tracyie Leach worked as a security guard for Hawthorne Race Course from 2007 until May 2018 and filed for unemployment benefits in May 2018.
- The Department notified Leach he had to register with Illinois Job Link (including creating/uploading a resume) and produce written work-search records to establish he was "actively seeking work."
- Hawthorne protested, asserting Leach asked for a leave of absence; the claims adjudicator attempted two phone contacts, found Leach ineligible based on the employer’s version, and Leach appealed.
- At the referee telephone hearing Hawthorne did not participate; Leach testified he was removed from the schedule (denying he requested a leave), had not kept a written job-search record, and could recall only a few job contacts.
- The referee found Leach’s job search meager and denied benefits; the Board affirmed, finding Leach was able/available but not actively seeking work (also noting Job Link registration was incomplete).
- The circuit court reversed for alleged due-process defects (surprise issue, hostile referee, and alleged ex parte Board fact-finding); the appellate court reversed the circuit court and affirmed the Board’s denial of benefits.
Issues
| Issue | Leach's Argument | Department/Board/Hawthorne's Argument | Held |
|---|---|---|---|
| Whether Leach was "actively seeking work" under 820 ILCS 405/500(C) and Dept. regs | Leach: He was looking for work and registered on Illinois Job Link; he lacked a written list only because he did not know he had to bring one. | Dept/Board: Leach failed to keep or produce required written work-search records, made only minimal contacts, and did not complete Job Link registration (no resume uploaded). | Held: Board’s finding not actively seeking work was not clearly erroneous; benefits denied. |
| Whether Leach lacked notice that job-search would be at issue ("surprise issue") | Leach: The claims adjudicator denied benefits on a leave-of-absence theory and he had no reason to anticipate job-search would be contested at hearing. | Dept/Board: Notices before the claims interview and the referee hearing specifically stated work-search would be at issue and cited the relevant statutes/regulations. | Held: Job-search was not a surprise; Dept. gave adequate notice and Leach had an obligation to produce records. |
| Whether the referee’s conduct denied Leach a fair hearing (hostility, cutting off testimony) | Leach: Referee was hostile, cut him off, and effectively adopted employer’s account, preventing development of the record. | Dept/Board: Referee reasonably controlled the hearing, sought basic yes/no facts to develop the record, and later allowed full explanations; Board actually accepted Leach’s version of separation. | Held: Referee’s manner did not deny due process; hearing was fair and impartial. |
| Whether the Board engaged in improper ex parte fact-finding by checking Illinois Job Link records | Leach: Board impermissibly took external evidence without further hearing, disadvantaging him. | Dept/Board: Job Link registration is publicly verifiable; Board may take notice of such readily determinable public facts. | Held: No due-process violation; Board properly relied on verifiable Job Link information. |
Key Cases Cited
- State Farm Mut. Ins. Co. v. Ellison, 354 Ill. App. 3d 387 (2004) (appellate court may decide merits despite appellee’s failure to file brief)
- First Capitol Mortgage Corp. v. Talandis Constr. Corp., 63 Ill. 2d 128 (1976) (appellate courts may proceed without appellee’s brief in appropriate circumstances)
- Meneweather v. Board of Review, 249 Ill. App. 3d 980 (1992) (administrative referee must afford a full and impartial hearing)
- Sudzus v. Department of Employment Security, 393 Ill. App. 3d 814 (2009) (referee has discretion to manage and control hearings)
- Village of Catlin v. Tilton, 281 Ill. 601 (1917) (courts may take judicial notice of facts capable of accurate and ready determination by resort to reliable sources)