Lojek v. Illinois Department of Employment Security
984 N.E.2d 118
Ill. App. Ct.2013Background
- Plaintiff Dorota Lojek worked 22 years for ABM Janitorial Services and was supervised at Roosevelt University.
- She was discharged from her Roosevelt supervisor role after being accused of smoking and drinking in the dean’s office on April 28–27, 2011.
- ABM transferred her to a different site for one day, then she did not return to work.
- She claimed the transfer caused health problems and sought unemployment benefits under the Illinois Unemployment Insurance Act.
- The IDES claims adjudicator initially found her ineligible for benefits; the Board of Review affirmed; the trial court reversed; the appellate court reinstates the Board’s decision.
- Evidence at the hearing showed she admitted to smoking once and that she sought a demotion in exchange for continued employment; she offered limited medical documentation for health claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Board’s finding of voluntary leaving without good cause is clearly erroneous | Lojek argues ABM’s actions caused a unilateral change and she left for health reasons. | IDES/ABM contend she left voluntarily without valid employer-attributable good cause. | No; the Board’s finding was not clearly erroneous. |
| Whether the medical exception could justify the leaving | Plaintiff asserts health problems justified leaving under 601(B)(1). | Defendant argues plaintiff failed to prove ailment justified leaving or to obtain accommodation. | Not satisfied; medical evidence insufficient to meet the exception. |
| Whether changes in working conditions were unilateral and substantial | Plaintiff contends new job was a substantial change. | Changes were bargained for and not unilateral; she agreed to demotion. | Changes were not unilateral or substantial; thus not good cause. |
| Whether plaintiff failed to pursue reasonable accommodations | Plaintiff did not attempt to obtain accommodation. | Employer was not obligated to accommodate without request. | Not demonstrated; no reasonable accommodation pursued. |
Key Cases Cited
- Acevedo v. Department of Employment Security, 324 Ill. App. 3d 768 (2001) (good cause requires substantial pressure and unilateral changes not ordinary dissatisfaction)
- Henderson v. Department of Employment Security, 230 Ill. App. 3d 536 (1992) (grievance procedures and timely action matter for voluntary termination)
- AFM Messenger Service, Inc. v. Department of Employment Security, 198 Ill. 2d 380 (2001) (mixed question of law and fact; clear error review standard)
- Jaime v. Director, 301 Ill. App. 3d 930 (1998) (substantial change in location can create good cause)
- Zbiegien v. Department of Labor, 156 Ill. App. 3d 395 (1987) (health-related leaving requires competent medical support)
- Collier v. Department of Employment Security, 157 Ill. App. 3d 988 (1987) (substantial unilateral change may create good cause)
- Childress v. Department of Employment Security, 405 Ill. App. 3d 939 (2010) (mixed question of fact and law; clearly erroneous standard)