Baker v. Illinois Department of Employment Security

Illinois Appellate Court
Civil Court
Citation
Case Number: 
2014 IL App (1st) 123669
Decision Date: 
March 14, 2014
District: 
1st Dist.
Division/County: 
Cook Co., 5th Div.
Justice: 
GORDON
Holding: 
Affirmed.
(Court opinion corrected 3/25/14.) Plaintiff was discharged from employment as electrician for park district, for violating employer's code of conduct barring aggressive or hostile comments threatening injury to others.Plaintiff stated, in presence of three supervisors and directing his comment to each individually, that he didn't want this to turn into an Arizona thing, reference to shooting incident in Arizona of two weeks prior. Conclusion of referee and of IDES Board, that facts constituted misconduct, was not against manifest weight of evidence. Court properly declined to remand case to allow Plaintiff to present new evidence, as Plaintiff was advised prior to hearing that he could subpoena witnesses for hearing and could request free assistance of counsel. (McBRIDE and PALMER, concurring.)