Collier v. Department of Employment Security

510 N.E.2d 623, 157 Ill. App. 3d 988, 109 Ill. Dec. 755, 1987 Ill. App. LEXIS 2797
CourtAppellate Court of Illinois
DecidedJuly 14, 1987
Docket86-1397
StatusPublished
Cited by21 cases

This text of 510 N.E.2d 623 (Collier v. Department of Employment Security) 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
Collier v. Department of Employment Security, 510 N.E.2d 623, 157 Ill. App. 3d 988, 109 Ill. Dec. 755, 1987 Ill. App. LEXIS 2797 (Ill. Ct. App. 1987).

Opinion

JUSTICE BILANDIC

delivered the opinion of the court:

Defendant, Illinois Department of Employment Security, appeals from an order of the circuit court of Cook County which reversed its decision that plaintiff, Irene Collier, was ineligible for unemployment compensation benefits because she voluntarily terminated her employment without good cause. In this appeal, defendant contends that the denial of benefits was supported by the manifest weight of the evidence and that the circuit court’s order to the contrary should be reversed.

The record shows that plaintiff was employed as an assembler by J. B. Electronic Transformers, Inc., from November 1981 until September 30, 1983. From the inception of her employment until three weeks before her departure, plaintiff worked an eight-hour shift, five days per week, and earned at the hourly rate of $3.95. Because of a business slowdown, the company reduced plaintiff’s work to 30 hours per week, and on September 26, 1983, plaintiff informed her supervisor that she would leave at the end of the month if her hours were not increased. Her supervisor told her that they did not have enough work to reinstate her to full time, and although he could not specifically tell her when her hours would be restored, he estimated that it would be within three to four weeks.

Plaintiff terminated her employment with the company at the end of September and applied for benefits under the Illinois Unemployment Insurance Act (Act) (111. Rev. Stat. 1983, ch. 48, par. 300 et seq.). The claims adjudicator denied her request and she appealed that decision to the referee. At the hearing which was held in November 1983, plaintiff was represented by counsel and there testified to the curtailment of her hours during the business slowdown and her request for reinstatement to full-time status. Her supervisor told her that the company was not yet ready to increase her hours and that he was not sure of when she would be returned to full-time work; he also advised her to look for another job. Plaintiff stated that she had been looking for full-time factory work without success before she left and did not have another job when she terminated her employment. A week after she left she learned that other employees, who also had been subjected to the work reduction, had been put back on a full-time schedule.

The referee affirmed the determination of the claims adjudicator that plaintiff was disqualified for benefits under the Act because she left her employment without good cause attributable to the employer. This decision was confirmed by defendant on March 5, 1984, and plaintiff sought administrative review. (111. Rev. Stat. 1983, ch. 110, par. 3— 101 et seq.) The record shows that the circuit court remanded the matter to defendant for a determination of the conditions and circumstances surrounding the employment agreement between plaintiff and the employer, including a determination of whether or not there was a contract guarantee as to hours and the economic circumstances surrounding plaintiff’s decision to leave her job. In accordance with that order, defendant vacated its decision of March 5, 1984, and remanded the cause to the referee for further proceedings.

. At the hearing which followed on March 20, 1985, plaintiff testified that when she was hired there was no particular agreement as to the number of hours she would work, but that she did work full time until the cutback went into effect three weeks before she left. After her hours were reduced, she requested that they be restored, but she was told by her supervisor that the work was slow and that the company was not ready to place her back on a 40-hour schedule. She did not tell her supervisor that she was going to leave at first, and began looking for another job in the afternoon hours when her daily shift was completed. She eventually told her supervisor that she would quit and look for a better job if her hours were not restored, and he agreed that she should seek other work. At that time, plaintiff also asked her supervisor about the possibility of receiving partial unemployment insurance benefits, but he told her that she would not be eligible and she did not make any further inquiries into the matter. As to her economic condition, plaintiff testified that with the reduced hours she was “making out,” but could not meet all of her expenses and had to take her children out of private school. She also stated that she had not returned to work as of that date and was on public assistance. She concluded her testimony by saying that she took a chance when she quit her job in order to find a better one.

At the close of evidence, plaintiff’s counsel argued that when plaintiff’s hours were reduced 25%, her income was reduced accordingly, and that she had made a reasonable attempt to correct the situation at work before leaving to find a better job. He maintained that the unilateral change in her working conditions was caused by the employer, and that plaintiff should be found eligible for benefits.

The referee concluded that plaintiff left voluntarily without good cause attributable to the employer, and was thus disqualified for benefits under the Act. In doing so, the referee concluded that the reduced hours allowed plaintiff an opportunity to look for other work in the afternoon, and although her desire to look for work on a full-time basis was understandable, it did not constitute good causé for leaving existing, suitable work due to a temporary reduction in hours. The referee also found that plaintiff had not established that the employer had violated any provision of the hiring agreement, or had taken any other action which rendered continued employment unsuitable.

On appeal, defendant affirmed the decision of the referee noting that plaintiff could have filed a claim for benefits if her wages were less than her weekly benefit amount and, further, that the evidence did. not establish that her opportunities for alternate work were materially reduced because she was limited to seeking work during afternoon hours because of her morning work schedule.

Once again, plaintiff sought administrative review of defendant’s decision and after a hearing on April 30, 1986, the circuit court entered an order reversing defendant’s determination. The court found that plaintiff was hired for full-time work, that she labored in that capacity for two years and that the employer’s decision to reduce her hours by 25% was a unilateral and substantial change in her conditions of employment which translated into a 25% reduction in wages which made it difficult for her to live. The court also found that plaintiff attempted to remedy the situation with her employer and sought other work while she was still employed, but when her efforts proved futile, she concluded that she would have a better chance if she were free in the morning. Defendant now appeals from that order.

Initially, we note that the primary purpose of the Act is to relieve economic distress caused by involuntary unemployment. (Wadlington v. Mindes (1970), 45 Ill. 2d 447, 259 N.E.2d 257.) The receipt of unemployment insurance benefits in Illinois is a conditional right, however, and the burden of proving eligibility rests with the claimant. (Eddings v. Illinois Department of Labor (1986), 146 Ill. App. 3d 62,

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669 N.E.2d 105 (Appellate Court of Illinois, 1996)
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659 N.E.2d 28 (Appellate Court of Illinois, 1995)
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McAllister v. Board of Review of the Department of Employment Security
635 N.E.2d 596 (Appellate Court of Illinois, 1994)
Stovall v. Department of Employment Security
640 N.E.2d 299 (Appellate Court of Illinois, 1994)
Miller v. Department of Employment Security
615 N.E.2d 35 (Appellate Court of Illinois, 1993)
Henderson v. Department of Employment Security
595 N.E.2d 96 (Appellate Court of Illinois, 1992)
Adams v. Ward
565 N.E.2d 53 (Appellate Court of Illinois, 1990)
Pearson v. Board of Review of the Department of Employment Security
551 N.E.2d 1021 (Appellate Court of Illinois, 1990)

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Bluebook (online)
510 N.E.2d 623, 157 Ill. App. 3d 988, 109 Ill. Dec. 755, 1987 Ill. App. LEXIS 2797, Counsel Stack Legal Research, https://law.counselstack.com/opinion/collier-v-department-of-employment-security-illappct-1987.