Chicago real estate company Equity Lifestyle Properties Inc. fired a receptionist named Sharon Smiley for violating company policy and working through her lunch break. She had worked for them for ten years. Because she was fired, she was ineligible for unemployment benefits.
After a protracted legal battle, she won her benefits claim.
After being fired, Smiley learned she was ineligible for unemployment benefits because she had been discharged for misconduct connected with her work.
She appealed to the Illinois Department of Employment Security's board of review three times, was denied, then took her case to a circuit court. That court ruled Smiley, who did not challenge the firing, was eligible for benefits.
Smiley received a check with a lump sum on Nov. 28 for several months of unemployment, a percentage of her previous salary. Then she received a check every two weeks for $528 until she obtained her latest job last month.
The appellate court of Illinois affirmed the circuit court ruling Jan. 11, saying the "insubordination arose from [Smiley's] efforts to perform additional work for [her employer], beyond what was required of her," as first reported Monday in the Chicago Tribune.