Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Jenkins v. Department of Employment Security

February 27, 2004

[5] ANTOINETTE L. JENKINS, PLAINTIFF-APPELLANT,
v.
THE DEPARTMENT OF EMPLOYMENT SECURITY, GERTRUDE JORDAN, BOARD OF REVIEW, PILOT CORPORATION, DEFENDANTS-APPELLEES.



[6] Appeal from the Circuit Court of Cook County. No. 02 L 50808 Honorable Joanne L. Lanigan, Judge Presiding.

[7] The opinion of the court was delivered by: Justice Fitzgerald Smith

[8]  Plaintiff, Antoinette L. Jenkins, appeals from an order of the circuit court of Cook County affirming the decision of the Illinois Department of Employment Security Board of Review (Board) denying her claim for unemployment insurance benefits under the Unemployment Insurance Act. 820 ILCS 405/100 et seq. (West 2002). For the reasons stated below, we reverse.

[9]  The facts of this case are undisputed. Plaintiff was employed full time with Pilot Corporation (Pilot) in Bloomington, Illinois, from December 16, 1996, to July 27, 2001, as a cashier. Plaintiff left Pilot in order to relocate to Chicago to take care of her ailing father, Jerry Jenkins (Jenkins), who suffered from numerous health problems. Plaintiff told Pilot she was relocating to take care of Jenkins and gave two weeks' notice. Plaintiff left Pilot on good terms.

[10]   When plaintiff returned to Chicago she filed for benefits under the Unemployment Insurance Act. On September 8, 2001, plaintiff was found ineligible for unemployment insurance benefits. Plaintiff, pro se, timely appealed that decision. On October 19, 2001, a hearing was held via telephone before referee Frank Kaitis. During that hearing, the following testimony took place:

[11]   "REFEREE KAITIS: Okay, now ma'am, you said your father was sick. What was wrong with him?

[12]   PLAINTIFF: My father has heart trouble. He's had several strokes.

[13]   REFEREE KAITIS: Okay. Was he under the care of the doctor?

[14]   PLAINTIFF: Yes, he goes back to the doctor (inaudible).

[15]   ***

[16]   REFEREE KAITIS: Okay, now ma'am, did any doctor advise you to leave the job to take care of your dad?

[17]   PLAINTIFF: Did any doctor? No."

[18]   During the hearing, Rick Kallsen, general manager of Pilot, stated plaintiff "left on good terms, gave two weeks' notice, and just left on good terms." In his decision, referee Kaitis found that plaintiff "testified that she was not advised by any Doctor to leave her position in order to care for her father." Referee Kaitis concluded plaintiff was ineligible for unemployment benefits.

[19]   Plaintiff, represented by counsel, appealed to the Board. Plaintiff provided the Board with an affidavit and a letter from Dr. Meisner, her father's physician. *fn1 Plaintiff's affidavit indicated, in part, that (1) Jenkins had several small strokes in early 2001, which impaired his memory and speech, (2) Jenkins had heart trouble and poor vision, (3) Jenkins was attacked and sustained a head injury in June 2001, which worsened his speech and memory problems, and (4) because plaintiff was the only member of her family who could take care of Jenkins, plaintiff left Bloomington to return to Chicago. Plaintiff's affidavit indicated Dr. Meisner wrote the letter on December 18, 2001, though the letter itself is undated. Dr. Meisner's letter stated, in part, "[Plaintiff] is the daughter of my patient Mr. Jerry Jenkins. She has moved home to help assist her father who does have multiple medical problems. Because of his dementia and inability to carry out all household tasks, she does need to assist him in these activities."

[20]   The Board adopted referee Kaitis's factual conclusions and affirmed the denial of unemployment insurance benefits. The Board found plaintiff "left work for personal reasons unrelated to the employer and did not advise the employer that she left work on the advice of a ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.