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07/24/89 Candace S. Medvid, v. the Department of

July 24, 1989

CANDACE S. MEDVID, PLAINTIFF-APPELLEE

v.

THE DEPARTMENT OF EMPLOYMENT SECURITY ET AL., DEFENDANTS-APPELLANTS (JEWEL COMPANY, INC., DEFENDANT)



APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIRST DIVISION

542 N.E.2d 852, 186 Ill. App. 3d 747, 134 Ill. Dec. 506 1989.IL.1142

Appeal from the Circuit Court of Cook County; the Hon. Lucia T. Thomas, Judge, presiding.

APPELLATE Judges:

JUSTICE O'CONNOR delivered the opinion of the court. CAMPBELL and BUCKLEY, JJ., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE O'CONNOR

This is an appeal from an order of the circuit court of Cook County reversing a decision of the Board of Review of the Illinois Department of Employment Security which found plaintiff, Candace Medvid, ineligible for unemployment insurance benefits. This court has jurisdiction pursuant to Supreme Court Rule 301 (107 Ill. 2d R. 301).

At issue is whether the Board's decision that plaintiff was disqualified from receiving unemployment benefits was contrary to the manifest weight of the evidence. We believe it was not.

Plaintiff, Candace Medvid (Medvid), was employed full time by the Jewel Companies, Inc. (Jewel), as a service desk clerk between June 17, 1985, and November 3, 1986.

On November 3, 1986, Medvid was terminated because of unauthorized absence from work. She filed a claim for unemployment compensation, which was denied by a claims adjudicator. She applied for reconsideration of the claims adjudicator's determination. The request for reconsideration was considered an appeal and the claims adjudicator's decision to disqualify Medvid from receiving benefits was affirmed.

On January 7, 1987, Medvid appeared before an Illinois Department of Employment Security hearing referee, who reversed the claims adjudicator's decision. Jewel filed an appeal with the Board of Review of IDES, which reversed the hearing referee's decision. The Board found that the evidence demonstrated that Medvid gave a false reason for her absence from work and concluded that she violated her duty to report to work and her duty to give notice of the reason for her absence to her employer.

Plaintiff then filed a pro se complaint in the circuit court of Cook County under the Code of Civil Procedure (Ill. Rev. Stat. 1987, ch. 110, par. 3-101 et seq. (the Administrative Review Law).) The circuit court reversed the decision of the Board of Review, and the IDES, the Director of IDES and the Board appealed.

The hearing before the referee revealed the following. While employed at Jewel, Medvid had a conflict with a supervisor so she applied for a transfer. Her supervisor testified that she had been offered several other positions which she first accepted and later rejected. He stated that the problem Jewel had with Medvid was her attitude and that she came to work tired every day as a result of other employment. She was notified that her conduct was not acceptable, and her supervisor told Medvid he intended to recommend that she be taken out of a training program because of her attitude and conduct at work. Medvid then took a week off without pay while awaiting a transfer.

Following her return to work on October 20, 1986, plaintiff worked for several days. On October 24, 1986, Medvid was scheduled to work between 8:30 a.m. and 5 p.m. The employer's rule requires that if the employee is not going to be at work, the employee is required to call in before the start of her working day. Medvid failed to show up for work and did not call to notify Jewel of her absence. On October 25, Medvid was scheduled to work between 2:30 p.m. and 11 p.m. She again failed to show up at work but called at 5:30 p.m. to state that she had overslept and would not be at work. The employer informed her of the disciplinary action for failing to show up for work and failing to give notice of her absence.

The employer was aware at this time that Medvid was working for another employer. On October 26, Medvid was scheduled to work from 1 p.m. to 8 p.m. and October 27, she was scheduled to work from 2:30 to 11 p.m. On both days, Medvid called in sick. Her supervisor then informed the area personnel manager that he had heard she was working at another job while calling in sick. On October 28, the area personnel manager ...


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