Teresi v. Department of Employment Security

The Board of Review of the Illinois Department of Employment Security appealed from a trial court order reversing the board’s decision denying unemployment benefits to the plaintiff. The board found plaintiff was not able or available for work because he was seeking only part-time employment and failed to prove this limitation was the result of circumstances beyond his control. The appellate court agreed with the Board, finding that plaintiff was not available for work because he wanted to maintain weekly earnings below the threshold to qualify for Social Security disability benefits. The appellate court reversed the trial court and affirmed the decision of the Board of Review. (SCHMIDT and HAUPTMAN, concurring)