Petrovic v. Dep’t of Emp’t Sec.

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Plaintiff was employed by American since 1988. On January 1, 2012, while working as a tower planner at O’Hare, plaintiff received a call from a friend at another airline, asking plaintiff to do something for a passenger who was scheduled to fly on American. Plaintiff requested that the catering department deliver a bottle of champagne and asked a flight attendant whether it would be possible to upgrade the passenger. The passenger was upgraded to first class. Plaintiff's employment was terminated because she upgraded the passenger and requested the champagne without proper authorization. American cited employee policies concerning dishonesty. Plaintiff applied for unemployment insurance benefits with the Department of Employment Security. American protested, alleging that plaintiff was ineligible because she was “discharged for misconduct connected with [her] work,” under the Unemployment Insurance Act, 820 ILCS 405/602(A). Following a hearing, a Department referee denied plaintiff’s application. The Board of Review affirmed. The circuit court reversed, finding that the actions which led to plaintiff’s discharge did not constitute “misconduct” under the strict statutory definition. The appellate court reversed. The Illinois Supreme Court reinstated the circuit court decision, finding no illegal or intentionally tortious conduct, nor evidence of a deliberate rule violation. View "Petrovic v. Dep't of Emp't Sec." on Justia Law