Pesoli v. Department of Employment Security
983 N.E.2d 1
Ill. App. Ct.2012Background
- Pesoli was employed as a department secretary at Advocate Lutheran General Hospital from Aug 1997 until a Sept 28, 2009 discharge.
- Discharged for accessing a patient’s records not related to her job in the radiation oncology department, violating the hospital’s confidentiality policy and HIPAA.
- Advocate’s confidentiality policy requires access only for job-related purposes and warns of termination for wrongful use or disclosure.
- Audit logs showed Pesoli accessed a neighbor patient’s records; a coworker complaint prompted the audit.
- Pesoli admitted awareness of the policy and testified the access was not work-related; the Board found misconduct under 602(A).
- The Board affirmed the referee’s decision; the circuit court and now the appellate court uphold that decision.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Pesoli committed misconduct under 602(A) | Pesoli argues the evidence doesn't prove willful policy violation | Board finds deliberate, willful breach of confidentiality policy | Yes; conduct was willful and in violation of policy, constituting misconduct |
| Sufficiency and credibility of evidence supporting misconduct | Arguments about missing witness and missing audit records were not raised below | Evidence of admission and audit logs corroborates misconduct | Evidence supports Board’s finding of misconduct |
| Hearsay and procedural issues on admitted testimony | Hearsay testimony should be excluded | Not reversible; hearsay properly admitted without objection and corroborated by other evidence |
Key Cases Cited
- Czajka v. Department of Employment Security, 387 Ill. App. 3d 168 (Ill. App. 1st Dist. 2008) (elements of misconduct under 602(A))
- Livingston v. Department of Employment Security, 375 Ill. App. 3d 710 (Ill. App. 1st Dist. 2007) (willful violation requires awareness and disregard of rule)
- Bandemer v. Department of Employment Security, 204 Ill. App. 3d 192 (Ill. App. 1st Dist. 1990) (reasonableness of employer rule)
- HIPAA-related confidentiality rule case, (Illinois appellate treatment cited) () (reasonableness of confidentiality policy under HIPAA cited in analysis)
- Abbott Industries, Inc. v. Department of Employment Security, 2011 IL App (2d) 100610 (Ill. App. 2d 2011) (standard for reviewing agency findings of fact)
- Hurst v. Department of Employment Security, 393 Ill. App. 3d 323 (Ill. App. 4th Dist. 2009) (consideration of potential harm and evidence weight)
- City of Belvidere v. Illinois State Labor Relations Board, 181 Ill. 2d 191 (Ill. 1998) (mixed questions of fact and law; standard of review)
- Caterpillar, Inc. v. Doherty, 299 Ill. App. 3d 338 (Ill. App. 1st Dist. 1998) (Board as ultimate finder of fact; credibility weighing)