ILCS » Chapter 820 · Act 405
Illinois Compiled Statutes

820 ILCS 405/602 (2026)

Discharge for misconduct - Felony

✓ current as of May 2026
Find cases: SyfertCases citing this section IL-ILGAilga.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar
(820 ILCS 405/602) (from Ch. 48, par. 432)
    Sec. 602. Discharge for misconduct - Felony.
    A. An individual shall be ineligible for benefits for the week in which he has been discharged for misconduct connected with his work and, thereafter, until he has become reemployed and has had earnings equal to or in excess of his current weekly benefit amount in each of four calendar weeks which are either for services in employment, or have been or will be reported pursuant to the provisions of the Federal Insurance Contributions Act by each employing unit for which such services are performed and which submits a statement certifying to that fact. The requalification requirements of the preceding sentence shall be deemed to have been satisfied, as of the date of reinstatement, if, subsequent to his discharge by an employing unit for misconduct connected with his work, such individual is reinstated by such employing unit. For purposes of this subsection, the term "misconduct" means the deliberate and willful violation of a reasonable rule or policy of the employing unit, governing the individual's behavior in performance of his work, provided such violation has harmed the employing unit or other employees or has been repeated by the individual despite a warning or other explicit instruction from the employing unit. The previous definition notwithstanding, "misconduct" shall include any of the following work-related circumstances:
        1. Falsification of an employment application, or any
    
other documentation provided to the employer, to obtain employment through subterfuge.
        2. Failure to maintain licenses, registrations, and
    
certifications reasonably required by the employer, or those that the individual is required to possess by law, to perform his or her regular job duties, unless the failure is not within the control of the individual.
        3. Knowing, repeated violation of the attendance
    
policies of the employer that are in compliance with State and federal law following a written warning for an attendance violation, unless the individual can demonstrate that he or she has made a reasonable effort to remedy the reason or reasons for the violations or that the reason or reasons for the violations were out of the individual's control. Attendance policies of the employer shall be reasonable and provided to the individual in writing, electronically, or via posting in the workplace.
        4. Damaging the employer's property through conduct
    
that is grossly negligent.
        5. Refusal to obey an employer's reasonable and
    
lawful instruction, unless the refusal is due to the lack of ability, skills, or training for the individual required to obey the instruction or the instruction would result in an unsafe act.
        6. Consuming alcohol or illegal or non-prescribed
    
prescription drugs, or using an impairing substance in an off-label manner, on the employer's premises during working hours in violation of the employer's policies.
        7. Reporting to work under the influence of alcohol,
    
illegal or non-prescribed prescription drugs, or an impairing substance used in an off-label manner in violation of the employer's policies, unless the individual is compelled to report to work by the employer outside of scheduled and on-call working hours and informs the employer that he or she is under the influence of alcohol, illegal or non-prescribed prescription drugs, or an impairing substance used in an off-label manner in violation of the employer's policies.
        8. Grossly negligent conduct endangering the safety
    
of the individual or co-workers.
    For purposes of paragraphs 4 and 8, conduct is "grossly negligent" when the individual is, or reasonably should be, aware of a substantial risk that the conduct will result in the harm sought to be prevented and the conduct constitutes a substantial deviation from the standard of care a reasonable person would exercise in the situation.
    Nothing in paragraph 6 or 7 prohibits the lawful use of over-the-counter drug products as defined in Section 206 of the Illinois Controlled Substances Act, provided that the medication does not affect the safe performance of the employee's work duties.
    B. Notwithstanding any other provision of this Act, no benefit rights shall accrue to any individual based upon wages from any employer for service rendered prior to the day upon which such individual was discharged because of the commission of a felony in connection with his work, or because of theft in connection with his work, for which the employer was in no way responsible; provided, that the employer notified the Director of such possible ineligibility within the time limits specified by regulations of the Director, and that the individual has admitted his commission of the felony or theft to a representative of the Director, or has signed a written admission of such act and such written admission has been presented to a representative of the Director, or such act has resulted in a conviction or order of supervision by a court of competent jurisdiction; and provided further, that if by reason of such act, he is in legal custody, held on pretrial release or is a fugitive from justice, the determination of his benefit rights shall be held in abeyance pending the result of any legal proceedings arising therefrom.
(Source: P.A. 101-652, eff. 1-1-23.)

    
Notes of Decisions
Cited in 91 cases (17 in the last 5 years), 1993–2026 · leading case: Czajka v. Dep't of Emp. Sec., 901 N.E.2d 436 (Ill. App. Ct. 2008).
Sort: Relevance Newest Treatment
Czajka v. Dep't of Emp. Sec., 901 N.E.2d 436 (Ill. App. Ct. 2008). · cites it 5× “” Accordingly, the Board likewise concluded that Czajka was discharged for misconduct connected with work and was subject to a disqualification of benefits under section 602(A) of the Illinois Unemployment Insurance Act (Act) (820 ILCS 405/602(A) (West 2004)). In turn, Czajka…”
Woods v. Illinois Dep't of Emp. Sec., 2012 IL App (1st) 101639 (Ill. App. Ct. 2012). · cites it 4× “An Illinois Department of Employment Security (IDES) claims adjudicator denied plaintiff’s claim, finding that she was disqualified under section 602(A) of the Illinois Unemployment Insurance Act (Act) (820 ILCS 405/602(A) (West 2008)), which provides that individuals discharged…”
Sudzus v. Dep't of Emp. Sec., 914 N.E.2d 208 (Ill. App. Ct. 2009). · cites it 3× “” The Board rejected Sudzus’ claims that at the telephonic hearing: (1) Butterfield Electric engaged in the unauthorized practice of law; (2) Sudzus did not have the full opportunity to present his case; (3) all of the employer’s testimony was hearsay; and (4) “the decision was…”
Petrovic v. Dep't of Emp. Sec., 2016 IL 118562 (Ill. 2016). · cites it 5× “For example, individuals who leave work voluntarily without good cause attributable to the employing unit (820 ILCS 405/601 (West 2012)), individuals who are discharged for misconduct connected with their work (820 ILCS 405/602 (West 2012)), and individuals who fail to apply for…”
Oleszczuk v. Dep't of Emp. Sec., 782 N.E.2d 808 (Ill. App. Ct. 2002). · cites it 4× “Plaintiff claims that her behavior does not amount to misconduct as that word is defined in the Unemployment Insurance Act (the Act) (820 ILCS 405/602(A) (West 1998)). She also claims that the circuit court’s decision was contrary to law because it was not based upon the…”
Petrovic v. The Dep't of Emp. Sec., 2016 IL 118562 (Ill. 2016). · cites it 7× “For example, individuals who leave work voluntarily without good cause attributable to the employing unit (820 ILCS 405/601 (West 2012)), individuals who are discharged for misconduct connected with their work (820 ILCS 405/602 (West 2012)), and individuals who fail to apply for…”
Garner v. Deparment of Emp. Sec., 646 N.E.2d 3 (Ill. App. Ct. 1995). · cites it 5× “On November 8, 1991, a referee determined plaintiff was terminated for misconduct and was therefore ineligible for unemployment benefits under the Unemployment Insurance Act (Act) (820 ILCS 405/602(A) (West 1992)). Defendants affirmed this determination on February 26, 1993.”
Pesoli v. Dep't of Emp. Sec., 2012 IL App (1st) 111835 (Ill. App. Ct. 2012). · cites it 4× “820 ILCS 405/602(A) (West 2008). On appeal, Pesoli contends that the evidence does not support the Board’s finding that she was discharged for misconduct connected with her work.”
Hurst v. Dep't of Emp. Sec., 913 N.E.2d 1067 (Ill. App. Ct. 2009). · cites it 2× “PRESIDING JUSTICE FITZGERALD SMITH delivered the opinion of the court: Plaintiff Lee Hurst appeals from an order of the circuit court of Cook County, affirming the ruling of the Board of Review of the Illinois Department of Employment Security (Board) that he was ineligible for…”
Alt. Staffing, Inc. v. Illinois Dep't of Emp. Sec., 2012 IL App (1st) 113332 (Ill. App. Ct. 2012). · cites it 5× “The IDES noted that Armstrong was previously warned by Alternative Staffing and was aware of company policy, and she was discharged for misconduct under section 602(A) of the Unemployment Insurance Act (Act) (820 ILCS 405/602(A) (West 2010)). ¶ 13 On December 15, 2010, Armstrong…”
Manning v. Dep't of Emp. Sec., 850 N.E.2d 244 (Ill. App. Ct. 2006). · cites it 2× “820 ILCS 405/602(A) (West 2004); Arroyo v.”
Caterpillar, Inc. v. Dep't of Emp. Sec., 730 N.E.2d 497 (Ill. App. Ct. 2000). · cites it 4× “Thus, Logan was subject to disqualification for benefits under section 602(A) of the Unemployment Insurance Act (Act) (820 ILCS 405/602(A) (West 1996)). The referee reversed the claim adjudicator’s decision, finding that Logan was not eligible for unemployment benefits because…”
Show all 91 citing cases →
— 820 ILCS 405/602(A) — 84 cases
Czajka v. Dep't of Emp. Sec., 901 N.E.2d 436 (Ill. App. Ct. 2008). “” Accordingly, the Board likewise concluded that Czajka was discharged for misconduct connected with work and was subject to a disqualification of benefits under section 602(A) of the Illinois Unemployment Insurance Act (Act) (820 ILCS 405/602(A) (West 2004)). In turn, Czajka…”
Woods v. Illinois Dep't of Emp. Sec., 2012 IL App (1st) 101639 (Ill. App. Ct. 2012). “An Illinois Department of Employment Security (IDES) claims adjudicator denied plaintiff’s claim, finding that she was disqualified under section 602(A) of the Illinois Unemployment Insurance Act (Act) (820 ILCS 405/602(A) (West 2008)), which provides that individuals discharged…”
Sudzus v. Dep't of Emp. Sec., 914 N.E.2d 208 (Ill. App. Ct. 2009). “” The Board rejected Sudzus’ claims that at the telephonic hearing: (1) Butterfield Electric engaged in the unauthorized practice of law; (2) Sudzus did not have the full opportunity to present his case; (3) all of the employer’s testimony was hearsay; and (4) “the decision was…”
Oleszczuk v. Dep't of Emp. Sec., 782 N.E.2d 808 (Ill. App. Ct. 2002). “Plaintiff claims that her behavior does not amount to misconduct as that word is defined in the Unemployment Insurance Act (the Act) (820 ILCS 405/602(A) (West 1998)). She also claims that the circuit court’s decision was contrary to law because it was not based upon the…”
Petrovic v. Dep't of Emp. Sec., 2016 IL 118562 (Ill. 2016). “For example, individuals who leave work voluntarily without good cause attributable to the employing unit (820 ILCS 405/601 (West 2012)), individuals who are discharged for misconduct connected with their work (820 ILCS 405/602 (West 2012)), and individuals who fail to apply for…”
— 820 ILCS 405/602(A)(3) — 4 cases
Perryman v. Dep't of Emp. Sec., 2024 IL App (1st) 221244-U (Ill. App. Ct. 2024).
Smothers v. Dep't of Emp. Sec., 2021 IL App (1st) 191993-U (Ill. App. Ct. 2021).
Dicristina v. Dep't of Emp. Sec., 2025 IL App (1st) 241462-U (Ill. App. Ct. 2025).
Piervil v. Dep't of Emp. Sec., 2026 IL App (1st) 250089-U (Ill. App. Ct. 2026).
— 820 ILCS 405/602(A)(5) — 4 cases
Therman v. Dep't of Emp. Sec., 2024 IL App (1st) 220541-U (Ill. App. Ct. 2024).
Harter v. Dep't of Emp. Sec., 2020 IL App (1st) 191813-U (Ill. App. Ct. 2020).
Cabana v. Illinois Dep't of Emp. Sec. Bd. of Review, 2026 IL App (1st) 250216-U (Ill. App. Ct. 2026).
Wade-Nelson v. Illinois Dep't of Emp. Sec., 2026 IL App (1st) 250548-U (Ill. App. Ct. 2026).
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.