Universal Security Corporation v. The Department of Employment Security

Defendant took on a second job as an unarmed night security guard at O'Hare Airport. A supervisor found Defendant asleep on duty. Record supports Board of Review's conclusion that Defendant's falling asleep on duty was not deliberate and willful misconduct within the meaning of Section 602(A) of the Unemployment Insurance Act. No indications that Defendant previously had fallen asleep on duty, that he realized he was falling asleep, or that he made no efforts to stay awake; and he had no history of work infractions. Thus, Board properly ruled that Defendant was eligible for unemployment benefits, even though employer had reason to fire him for sleeping at work. (MASON, concurring; PUCINSKI, dissenting.)