Williams v. Board of Review
948 N.E.2d 561
Ill.2011Background
- Williams was terminated April 21, 2006, due to plant closure after 9+ years’ employment; she was not informed of TRA benefits at initial UI claim or certification; June 21, 2006 the Secretary certified Chicago Castings workers, but Williams was not listed and received no TRA notice; October 2006 a coworker mentioned TRA, leading Williams to believe UI benefits and TRA were similar; December 12, 2006 Williams sought TRA and waiver, but the Department denied based on missing the 8/16 enrollment deadline; Board rejected her tolling and the appellate court later reversed on good-cause tolling grounds.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the 8/16 week deadline is subject to equitable tolling | Williams: tolling applies due to lack of notice | Board: tolling does not apply; deadline binds | Yes, equitable tolling applies to the 8/16 deadline |
| Whether the good-cause exception preserves tolling despite the 8/16 deadline | Williams: good-cause exception supports tolling | Board: the exception does not override tolling | Yes, tolling preserved despite the 45-day extension provision |
Key Cases Cited
- Former Employees of Sonoco Products Co. v. Chao, 372 F.3d 1291 (Fed.Cir.2004) (equitable tolling applied to a 60-day deadline under the Act)
- Former Employees of Fisher & Co. v. United States Department of Labor, 31 Ct. Int'l Trade 1272 (Ct. Int'l Trade 2007) (equitable tolling applied to the Act's petition deadline)
- Lady Kelly, Inc. v. United States Secretary of Agriculture, 30 Ct. Int'l Trade 186 (Ct. Int'l Trade 2006) (equitable tolling applied to benefits after certification)
- Anderson v. United States Secretary of Agriculture, 462 F.Supp.2d 1333 (W.D. Wash. 2006) (tolling considerations applicable to Act deadlines)
- Former Employees of Siemens Information Communication Networks, Inc. v. Herman, 24 F.Supp.2d 1107 (Ct. Intl. Trade 2000) (tolling considerations under the Act)
- Brockamp v. Holy See, 519 U.S. 347 (Supreme Court 1997) (presumption in favor of tolling for nonjurisdictional limits; considers agency guidance and purpose)
- Holland v. Florida, 560 U.S. _ (Supreme Court 2010) (presumption of tolling for nonjurisdictional time limits; special considerations)
- BMC Software, Inc. v. United States Secretary of Labor, 30 Ct. Intl. Trade 1315 (Ct. Intl. Trade 2006) (remedial purpose of the Act supports liberal construction)