Thompson v. Department of Employment Security

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State: Illinois

Court: 1st District Appellate

Docket No: 1-08-2875 Rel

Case Date: 03/19/2010

Preview:Sixth Division March 19, 2010 No. 1-08-2875 MARIO K. THOMPSON, Plaintiff-Appellant, v. THE DEPARTMENT OF EMPLOYMENT SECURITY; DIRECTOR, THE DEPARTMENT OF EMPLOYMENT SECURITY; THE BOARD OF REVIEW OF THE DEPARTMENT OF EMPLOYMENT SECURITY; and U-HAUL COMPANY OF ILLINOIS, INC., Defendants-Appellees. JUSTICE McBRIDE delivered the opinion of the court: Plaintiff Mario Thompson, pro se, appeals from an order of the circuit court of Cook County confirming the ruling of the Board of Review of the Illinois Department of Employment Security (Board) that the Board lacked jurisdiction to hear his untimely appeal. In this court, plaintiff claims that the Board erred in determining that his actions constituted misconduct so as to disqualify him from receiving unemployment insurance benefits. The record shows that plaintiff was discharged from his position as a security guard with U-Haul Company of Illinois following an altercation with a coworker. He applied for unemployment benefits and was deemed ineligible due to misconduct connected with his work. The claims adjudicator sent plaintiff a notice of decision by mailing it to his street address at 108 East 124th Street in Chicago. Plaintiff appealed and was granted a hearing on February 7, 2008. At that hearing, plaintiff confirmed his 124th Street address, and on February 8, 2008, the referee mailed plaintiff ) ) ) ) ) ) ) ) ) ) ) ) Appeal from the Circuit Court of Cook County

08 L 50700

Honorable Susan J. McDunn, Judge Presiding

1-08-2875 a letter affirming the determination that he was ineligible for benefits. That letter was sent to the address plaintiff confirmed the previous day, with a notice of his right to file an appeal within 30 days of the decision being mailed. Plaintiff filed an appeal 75 days after the decision was mailed, stating that he had not received any decision from the referee and listing his address as 8326 South Ada Avenue. On June 4, 2008, the Board dismissed plaintiff's appeal for lack of jurisdiction based on his untimely filing. The Board noted the mailing date to plaintiff's last known address and the limitation of jurisdiction under section 801 of the Unemployment Insurance Act (the Act) (820 ILCS 405/100 et seq. (West 2008)), which provides that the referee's decision becomes final if not appealed within 30 days of the date of mailing (820 ILCS 405/801(A) (West 2008)). Plaintiff then filed a complaint for administrative review with the circuit court of Cook County, which confirmed the decision of the Board. This appeal followed. Although plaintiff raises substantive issues relating to his alleged misconduct in this appeal, the Board did not decide his appeal based on the merits of his claim. Rather, the Board determined that it did not have jurisdiction based on plaintiff's untimely appeal. Our review of administrative law proceedings is limited to the propriety of the Board's decision (Oleszczuk v. Department of Employment Security, 336 Ill. App. 3d 46, 50 (2002)), and here we review de novo whether the Board had jurisdiction of plaintiff's appeal (Ferrari v. Department of Human Rights, 351 Ill. App. 3d 1099, 1103 (2004)). Under the Illinois Constitution, final administrative decisions are appealable only " `as provided by law.' " Collinsville Community Unit School District No. 10 v. Regional Board of

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1-08-2875 School Trustees, 218 Ill. 2d 175, 181 (2006), quoting Ill. Const. 1970, art VI,

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