Illinois claimant who failed to perform duties committed disqualifying misconduct
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Thursday, April 25, 2019

Illinois claimant who failed to perform duties committed disqualifying misconduct

By Payroll and Entitlements Editorial Staff

The claimant, a respiratory therapist at a hospital, was discharged for committing major violations of the hospital’s conduct policy after she refused to perform her duties as instructed, including failing to respond to a code yellow when called and not providing therapist intervention when paged for a rapidly declining ventilator patient in respiratory distress in the emergency room. As a result, she violated hospital policy as she failed, or refused to perform, assigned duties or carry out instructions; willfully jeopardized the health of patients; engaged in dishonesty; and intentionally gave false information. Although she claimed that she was performing another procedure when ordered to the ER, hospital policy requires the therapist to tell the caller that she will find someone to assist the patient and then contact another therapist for assistance, which the claimant failed to do. The Board found that (1) the claimant had the ability to perform her employer’s instruction and there was no indication in the record that doing so would have resulted in an unsafe act, and (2) the evidence showed the claimant refused to obey her employer’s lawful and reasonable instruction without a compelling reason for doing so. The court refused to disturb the Board’s findings and affirmed its decision to deny benefits due to misconduct (Marie C. Trinidad v. DES, Ill. Ct. of App. (Unpub. Op.), First District Fifth Division. No. 1-18-1041, March 15, 2019).

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