Barron v. Ward

517 N.E.2d 591, 165 Ill. App. 3d 653, 115 Ill. Dec. 180, 1987 Ill. App. LEXIS 3625
CourtAppellate Court of Illinois
DecidedOctober 21, 1987
Docket86-1630
StatusPublished
Cited by12 cases

This text of 517 N.E.2d 591 (Barron v. Ward) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Barron v. Ward, 517 N.E.2d 591, 165 Ill. App. 3d 653, 115 Ill. Dec. 180, 1987 Ill. App. LEXIS 3625 (Ill. Ct. App. 1987).

Opinion

JUSTICE FREEMAN

delivered the opinion of the court:

This is an appeal of a judgment of the circuit court of Cook County reversing a decision of the defendant Board of Review (Board) of the Department of Employment Security (Department) upholding the denial of plaintiff’s claim for unemployment compensation benefits. The State defendants contend: (1) an employee who quits merely because he has a continuing personality conflict with a fellow employee is ineligible for unemployment benefits because he voluntarily left his employment without good cause attributable to his employer; (2) to qualify for unemployment compensation benefits an employee must first take affirmative action to alleviate or rectify a personality conflict with a fellow employee before he quits; and (3) the Board’s decision was not against the manifest weight of the evidence.

Plaintiff worked as a shipping clerk for defendant Florence Corporation (Florence) from April 16, 1984, until he quit on January 30, 1985. During the first four months of plaintiff’s employment, he worked with John Hillaries. Plaintiff, who is Mexican, claimed that during this time, Hillaries would make derogatory remarks about Mexicans in general and plaintiff in particular. In August 1984, plaintiff and Hillaries were involved in an altercation during which Hillaries struck plaintiff in the face, injuring him. As a result, both employees were suspended for a time and, upon their return, Hillaries was transferred to another department. Plaintiff claimed that after the transfer, Hillaries threatened to kill him and would laugh at plaintiff when he would see him in the plant. Plaintiff claimed he did not report these incidents to his supervisors because he was not working directly with Hillaries and because he thought it would be pointless to do so.

On January 30, 1985, Florence decided to transfer Hillaries back to shipping due to a vacancy in the department which required a person who could read and write English. When plaintiff’s immediate supervisor informed him Hillaries would be transferred to the shipping department the next day, plaintiff told him he could not, and would not, work with Hillaries. When Florence’s traffic manager and plaintiff’s union steward were summoned to speak with him, he told them of Hillaries’ harassment, that he could not work with Hillaries and that if forced to do so he would have to kill him. The union steward told plaintiff he should not quit but “just stay on and work.” The Florence supervisors told plaintiff they had to transfer Hillaries because no other employee could fill the spot and that he would have to work and get along with Hillaries. At the end of his shift, plaintiff told Florence’s supervisors and the union steward that he was quitting. Plaintiff never returned to work. Thereafter, plaintiff’s union held a grievance meeting and found that plaintiff had voluntarily left his employment.

Plaintiff filed a claim for unemployment benefits with the Illinois Department of Labor’s Unemployment Insurance Division on February 11, 1985. The claims adjudicator denied the claim, ruling that, although plaintiff’s reason for leaving was attributable to Florence since it was aware of his working conditions and could have controlled them, plaintiff had not exhausted reasonable alternatives in an effort to correct the situation before leaving. Plaintiff was informed that his claim was denied because he had “voluntarily quit for personal reasons.” Plaintiff appealed the denial to the defendant Department’s Benefit Appeals Subdivision and the referee affirmed the denial. Plaintiff then appealed to the defendant Board, which also affirmed the denial on the grounds that plaintiff “failed to exhaust all reasonable alternatives before quitting” and “voluntarily left work without good cause attributable to his employer.”

Plaintiff filed a complaint for administrative review of the Board’s decision and the trial court reversed, stating: “It does appear as though [plaintiff] advised two people in management, and apparently he spoke to the union representative *** about what he should do to avoid working with this man ***.”

Defendants first contend that plaintiff is ineligible for unemployment benefits under section 601A of “AN ACT in relation to a system of unemployment insurance” (the Unemployment Insurance Act) because he left work without good cause attributable to his employer. (Ill. Rev. Stat. 1981, ch. 48, par. 431.) They note that various jurisdictions, including Illinois, have adopted a “reasonably prudent person” standard to determine whether “good cause” for leaving employment exists (Burke v. Board of Review (1985), 132 Ill. App. 3d 1094, 477 N.E.2d 1351; Gathering v. Review Board of Indiana, Employment Security Division (Ind. App. 1986), 495 N.E.2d 207; Meyer v. Skyline Mobile Homes (1979), 99 Idaho 754, 589 P.2d 89) and assert that plain-. tiff did not meet this standard. They also note that “good cause” to leave employment has been defined as such cause as results from circumstances producing real and substantial pressure to terminate employment and which would compel a reasonable man to act in the same manner. (Burke v. Board of Review (1985), 132 Ill. App. 3d 1094, 477 N.E.2d 1351.) They further note that whether an employee acts as a reasonable person is a factual determination for the administrative agency (Komarec v. Department of Labor (1986), 144 Ill. App. 3d 1105, 494 N.E.2d 1257) and that the function of a reviewing court is merely to determine whether the agency’s decision is against the manifest weight of the evidence (Eastman Kodak Co. v. Fair Employment Practices Comm’n (1981), 86 Ill. 2d 60, 426 N.E.2d 877).

Defendants assert that the Board’s determination that plaintiff left work without good cause is not against the manifest weight of the evidence. They cite cases holding that an employee who quits his job because of a conflict with co-workers does so without “good cause.” (Larson v. Department of Economic Security (Minn. 1979), 281 N.W.2d 667; Green v. Unemployment Compensation Board of Review (1953), 174 Pa. Super. 286, 101 A.2d 119; Employment Securities Comm’n v. Bryant (Wyo. 1985), 704 P.2d 1311.) From Larson, they conclude that plaintiff did not act as a reasonable employee and lacked good cause to leave because he failed to inform management of Binaries’ continuing harassment in order to allow it an opportunity to solve the problem between them. They also rely on this failure to argue that, even if plaintiff had good cause to leave, it was attributable to Billaries, not Florence, since it did not know of the continuing harassment and was not given an opportunity to rectify the problem.

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Bluebook (online)
517 N.E.2d 591, 165 Ill. App. 3d 653, 115 Ill. Dec. 180, 1987 Ill. App. LEXIS 3625, Counsel Stack Legal Research, https://law.counselstack.com/opinion/barron-v-ward-illappct-1987.