Persaud v. Department of Employment Security
131 N.E.3d 122
Ill. App. Ct.2019Background
- Patricia Persaud worked as a patient service representative at Northwestern Memorial from Dec 2012 until termination on Sept 27, 2017.
- Persaud repeatedly refused her manager Oneida McEachin’s requests (on Sept 25–27) to meet about a disciplinary action and performance-improvement plan, saying she was stressed and awaiting surgery/short-term disability.
- McEachin warned Persaud that continued refusal would result in termination; after Persaud again refused on Sept 27, McEachin terminated her immediately.
- Persaud filed for unemployment benefits; a claims adjudicator initially found no misconduct, but the Board of Review reversed, holding the refusal to follow a reasonable, lawful instruction constituted misconduct under 820 ILCS 405/602(A)(5).
- Persaud sought administrative and circuit-court review; the circuit court affirmed the Board. Persaud appealed, challenging the Board’s finding that her refusal was misconduct.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Persaud’s refusal to meet was misconduct under the Unemployment Insurance Act | Persaud argued her refusal was an effort to seek a reasonable accommodation because of upcoming surgery/stress, not misconduct | Northwestern and the Board argued the refusal was to obey a reasonable, lawful work instruction and falls within §602(A)(5) misconduct | Court held refusal to follow reasonable, lawful instruction meets §602(A)(5); Persaud’s refusal was misconduct |
| Whether the Board’s factual finding that Persaud refused multiple meeting requests was against manifest weight of evidence | Persaud did not deny refusing; argued context justified delay | Board relied on manager’s testimony that Persaud repeatedly refused after warnings | Court held factual finding was not against manifest weight of the evidence |
| Whether §602(A)(5) requires willfulness, harm, or repetition to establish misconduct | Persaud implicitly argued general misconduct definition (willful, repeated, harmed) applies | Board interpreted §602(A)(5) as an independent category not requiring willfulness, harm, or repetition | Court held §602(A)(5) is an independent exception and does not require willfulness, harm, or repetition |
| Whether any §602(A)(5) exceptions (lack of ability/training or unsafe instruction) applied | Persaud argued inability/medical stress justified refusal | Northwestern/Board contended meeting was reasonable and safe to perform | Court held no exception applied; instruction was reasonable and lawful, so misconduct upheld |
Key Cases Cited
- Cinkus v. Village of Stickney Municipal Officers Electoral Board, 228 Ill. 2d 200 (explaining standards of review for administrative decisions)
- American Federation of State, County & Municipal Employees, Council 31 v. Illinois State Labor Relations Board, State Panel, 216 Ill. 2d 569 (discussing mixed question review and standards)
- Kouzoukas v. Retirement Board of the Policemen’s Annuity & Benefit Fund, 234 Ill. 2d 446 (agency legal determinations reviewed de novo)
- AFM Messenger Service, Inc. v. Department of Employment Security, 198 Ill. 2d 380 (standard for mixed question clear error review)
- Waliczek v. Retirement Board of the Firemen’s Annuity & Benefit Fund, 318 Ill. App. 3d 32 (interpretation of "notwithstanding" as creating an exception/independent clause)
- Toner v. Retirement Board of the Policemen’s Annuity & Benefit Fund, 259 Ill. App. 3d 67 (same context for "notwithstanding")
- Sudzus v. Department of Employment Security, 393 Ill. App. 3d 814 (definition of a "reasonable" workplace instruction)
- Livingston v. Department of Employment Security, 375 Ill. App. 3d 710 (instruction is reasonable if appropriately related to workplace expectations)
- Abrahamson v. Illinois Department of Professional Regulation, 153 Ill. 2d 76 (limits on introducing new evidence on administrative review)
- Pullman-Standard v. Swint, 456 U.S. 273 (definition and treatment of mixed questions of law and fact)