Illinois General Assembly - Full Text of HB1426
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Full Text of HB1426  93rd General Assembly

HB1426 93rd General Assembly


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 1        AN ACT concerning unemployment.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.  The Unemployment Insurance Act is amended by
 5    changing Section 602 as follows:

 6        (820 ILCS 405/602) (from Ch. 48, par. 432)
 7        Sec. 602.  Discharge  for  misconduct  -  Felony.  A.  An
 8    individual  shall  be ineligible for benefits for the week in
 9    which he has been discharged for  misconduct  connected  with
10    his  work and, thereafter, until he has become reemployed and
11    has had earnings equal to or in excess of his current  weekly
12    benefit  amount  in  each  of  four  calendar weeks which are
13    either for services in employment, or have been  or  will  be
14    reported  pursuant to the provisions of the Federal Insurance
15    Contributions Act by  each  employing  unit  for  which  such
16    services   are   performed  and  which  submits  a  statement
17    certifying to that fact. The requalification requirements  of
18    the   preceding   sentence  shall  be  deemed  to  have  been
19    satisfied, as of the date of reinstatement, if, subsequent to
20    his discharge by an employing unit for  misconduct  connected
21    with   his  work,  such  individual  is  reinstated  by  such
22    employing unit.  For purposes of this  subsection,  the  term
23    "misconduct" means:
24             (1)  the  deliberate  and  willful  violation  of  a
25        reasonable   rule   or  policy  of  the  employing  unit,
26        governing the individual's behavior in performance of his
27        work, provided such violation has  harmed  the  employing
28        unit  or  other  employees  or  has  been repeated by the
29        individual  despite   a   warning   or   other   explicit
30        instruction from the employing unit;.
31             (2)  violation  of a written workplace policy, rule,
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 1        or instruction where the  policy,  rule,  or  instruction
 2        provides  for  discharge  and  the  employee  is provided
 3        advance  notice  of  the   written   policy,   rule,   or
 4        instruction; or
 5             (3)  failure  to  discharge  the duties for which an
 6        employee   was   employed,   including   negligence    or
 7        carelessness,  provided  that the employing unit provides
 8        evidence  of  progressive  discipline  to   correct   the
 9        employee's performance.
10        B.  Notwithstanding  any  other provision of this Act, no
11    benefit rights shall accrue  to  any  individual  based  upon
12    wages from any employer for service rendered prior to the day
13    upon  which  such  individual  was  discharged because of the
14    commission of a  felony  in  connection  with  his  work,  or
15    because  of  theft in connection with his work, for which the
16    employer was  in  no  way  responsible;  provided,  that  the
17    employer notified the Director of such possible ineligibility
18    within  the  time  limits  specified  by  regulations  of the
19    Director, and that the individual has admitted his commission
20    of the felony or theft to a representative of  the  Director,
21    or  has  signed  a  written  admission  of  such act and such
22    written admission has been presented to a  representative  of
23    the  Director,  or  such  act has resulted in a conviction or
24    order of supervision by a court  of  competent  jurisdiction;
25    and provided further, that if by reason of such act, he is in
26    legal  custody,  held  on bail or is a fugitive from justice,
27    the determination of his benefit  rights  shall  be  held  in
28    abeyance  pending the result of any legal proceedings arising
29    therefrom.
30    (Source: P.A. 85-956.)