Siler v. Dep't of Emp't Sec. - 192 Ill. App. 3d 971, 140 Ill. Dec. 109, 549 N.E.2d 760 (1989)

Rule:

For the purposes of this subsection, the term "misconduct" means the deliberate and willful violation of a reasonable rule or policy of the employing unit, governing the individual's behavior in performance of his work, provided such violation has harmed the employing unit or other employees or has been repeated by the individual despite a warning or other explicit instruction from the employing unit. Ill. Rev. Stat. 1987, ch. 48, para. 432(A).

Facts:

Plaintiff employee was discharged for failing to properly perform his job duties. He filed for unemployment benefits, which were initially granted. However, one of the state agencies reversed the award. Plaintiff obtained judicial review of the decision and the trial court reversed and awarded benefits. Defendant state agencies sought review of the decision. 

Issue:

Was plaintiff employee entitled to benefits, notwithstanding the fact that he was discharged for failure to perform his job properly? 

Answer:

Yes.

Conclusion:

On appeal, the court affirmed and held that the employee was entitled to benefits because there was no showing that his actions amounted to deliberate or willful violations of the employer's instructions. The definition of misconduct under Ill. Rev. Stat. 1987, ch. 48, para. 432(A) removed the old carelessness and negligence standard and required a showing that the employee's actions were deliberate and willful. The evidence did not support a deliberate and willful finding and, therefore, the employee was entitled to benefits.