Illinois court affirms benefits denial where claimant misappropriated funds
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Wednesday, July 29, 2020

Illinois court affirms benefits denial where claimant misappropriated funds

By Payroll and Entitlements Editorial Staff

Affirming the Board’s denial of benefits, the court held that the claimant had committed disqualifying misconduct by misappropriating funds. The record showed that the claimant did not turn in the money he had collected for in the appropriative fashion for two consecutive weeks. His immediate supervisor testified that when she went to pick up the required paperwork from the claimant the first week, he informed her that the paperwork was not ready because $100 was missing. Two days later, he submitted the paperwork along with the money. However, at the end of the following week, there was $129 missing. The claimant then informed his supervisor that he took the $129 “to make up for the previous week of missing money.” He acknowledged that he was aware of policies against the misappropriation of funds. Given this record, the court could not say that it had a “definite and firm conviction” that the Board committed a mistake in upholding the Referee’s finding of misconduct (Andrew M. Stephens v. DES, Ill. App. Ct., First Dist., Third Div. (Unpub. Op.), No. 1-19-1456, 5/20/2020).

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