Phistry v. Department of Employment Security
939 N.E.2d 577
Ill. App. Ct.2010Background
- Phistry was the full-time office manager for Dr. Eugene C. Decker from 2001 until September 2008.
- After termination, Phistry applied for unemployment benefits; the employer objected.
- Dr. Decker testified Phistry was an authorized user of three office credit cards; there was no written policy limiting card use.
- In September 2008, while on vacation, Decker learned Phistry made unauthorized personal charges totaling $1,131.90 over August and September.
- Phistry admitted the charges and claimed she intended to repay; she argued prior uses suggested implied permission.
- The Board found misconduct; the circuit court reversed; the appellate court reversed the circuit court and affirmed the Board.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did Phistry's personal charges constitute misconduct under 602(A)? | Past card use implied permission, reducing misconduct. | Unpermitted, willful personal charges harmed the employer. | Yes, misconduct established; not clearly erroneous. |
| Did lack of a formal policy defeat implied permission or misconduct finding? | Past practice supported implied permission. | No explicit policy; actions were willful without permission. | Not clearly erroneous to find willful misconduct. |
Key Cases Cited
- AFM Messenger Service, Inc. v. Department of Employment Security, 198 Ill.2d 380 ((2001)) (mixed question of law and fact; clearly erroneous standard)
- Sudzus v. Department of Employment Security, 393 Ill.App.3d 814 ((2009)) (misconduct defined; standard of review)
- Oleszczuk v. Department of Employment Security, 336 Ill.App.3d 46 ((2002)) (mixed questions; clearly erroneous review)
- Greenlaw v. Department of Employment Security, 299 Ill.App.3d 446 ((1998)) (commonsense determination of misconduct)
- Czajka v. Department of Employment Security, 387 Ill.App.3d 168 ((2008)) (willful conduct; rule violation standard)
- Ray v. Department of Employment Security, 244 Ill.App.3d 233 ((1993)) (reliance on substantial evidence for misconduct)
- First Capitol Mortgage Corp. v. Talandis Construction Corp., 63 Ill.2d 128 ((1976)) (proper method for questions of governor's jurisdiction)