Garner v. Department of Employment Security

646 N.E.2d 3, 269 Ill. App. 3d 370, 206 Ill. Dec. 871 (1995)

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Garner v. Department of Employment Security

Illinois Appellate Court
646 N.E.2d 3, 269 Ill. App. 3d 370, 206 Ill. Dec. 871 (1995)

Facts

Odean Garner (plaintiff) worked as a custodian for A & M Janitorial Services (A & M). Garner often received his paycheck late. On August 5, 1991, Garner did not go to work because he had not received his paycheck. Garner informed his supervisor, Susan Joyner, that he would not report the following day unless he received payment. When Garner did not report to work again on August 6, Joyner called him. Garner reiterated his explanation. Joyner told Garner that he was only hurting himself by not coming in and that Garner’s absence would be noted in his record. Garner did not report to work from August 7 through August 9 because he still had not been paid. Garner received his paycheck at the end of the workday on August 9. Thereafter, Garner reported to work and was terminated. Garner’s termination papers indicated that Garner violated A & M policy by failing to report to work for three days. Garner filed for unemployment benefits. A & M objected. The Department of Employment Security (defendant) referee found that Garner had been fired for misconduct and was ineligible for benefits. Garner appealed. The board of review (the board) affirmed, finding that Garner’s actions harmed A & M and that Garner chose not to report to work even after a warning that his job was in jeopardy. Garner filed for administrative review.

Rule of Law

Issue

Holding and Reasoning (Hutchinson, J.)

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