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Commonsense Misconduct Not so "Common": Illinois Supreme Court Significantly Narrows Use of Commonsense Rationale in Employee Dismissal Cases for Misconduct under the Unemployment Insurance Act

In the absence of a rule prohibiting specific conduct, employers can no longer rely merely on what one would deem "commonsense"  to deny unemployment benefits. In Petrovic v. Department of Employment Security, the Illinois Supreme Court narrowed application of the “commonsense exception” to the rule that employers must show an employee willfully and deliberately violated a reasonable rule or policy of which he had notice, to deny unemployment benefits.   More ›