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Total Articles: 2

Definition of “Deliberate and Willful” Misconduct Under the Illinois Unemployment Insurance Act Revised and Expanded

Governor Rauner recently signed legislation that revised and expanded the definition of “deliberate and willful” misconduct under the Illinois Unemployment Insurance Act (820 ILCS 405/602). Under the prior definition, the claimant (i.e. former employee) would be disqualified from receiving unemployment insurance benefits if the respondent (i.e. employer) established that the conduct resulting in termination was “deliberate and willful” (i.e. intentional) and amounted to misconduct.

Employee Who Admits To Smoking Marijuana Off-Duty and for Non-Medicinal Purposes Eligible to Receive Unemployment Benefits

If an employee admits to smoking marijuana and is subsequently discharged based on that admission, you would think that if the employee later files for unemployment insurance benefits he would be deemed ineligible…, right? Well, not necessarily said an Illinois Appellate Court, and particularly if the employee was not smoking marijuana on company property and while not performing any work related duties. Eastham v. The Housing Authority of Jefferson County and IDES, 2014 IL App. (5th) 130209 (5th Dist. Dec. 2, 2014).