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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).

Fisher Phillips | California | California Supreme Court Embraces Employee-Friendly Formula For Calculating OT Pay (March 05, 2018)

Fisher Phillips | California | FEHC Proposes Regulations to Implement California’s New “Ban the Box” and “New Parent Leave” Laws (March 04, 2018)

Fisher Phillips | California | Your Comprehensive Guide to 2018 Proposed California Legislation (February 28, 2018)

FordHarrison LLP | California | California Supreme Court's Recent Overtime Ruling Likely to Cause Payroll Problems (March 07, 2018)

Jackson Lewis P.C. | California | California Court of Appeals Holds Labor Code § 558 Claims Are Indivisible Claims and Not Arbitrable (February 28, 2018)

Jackson Lewis P.C. | California | Calculating Overtime Value of Flat-Sum Bonus Must Be Based on Actual Non-Overtime Hours Worked, California High Court Holds (March 11, 2018)

Fisher Phillips | California | The Plot Thickens: Trump Administration Sues California Over New Immigration Laws, Including AB 450 (March 09, 2018)

Jackson Lewis P.C. | California | Pending California Legislation Alert! Recently Introduced Bill Seeks to Protect Medicinal Marijuana Users from Employment Discrimination in California (February 27, 2018)

Jackson Lewis P.C. | California | California Transportation Industry Waives Goodbye to Enforcement of Federal Arbitration Act Provisions in Employment Contracts (March 07, 2018)

Carothers DiSante & Freudenberger LLP | California | California Proposes New Regulations on Parent Leave and Criminal History Inquiries (March 14, 2018)