Caterpillar, Inc., v. Dept. of Employment Security, No. 2-99-0810
2nd District, 15 May 2000
| CATERPILLAR, INC., Plaintiff-Appellant, v. THE DEPARTMENT OF EMPLOYMENT SECURITY and LYNN DOHERTY,Director; THE BOARD OF REVIEW OF THE DEPARTMENT OFEMPLOYMENT SECURITY; and TERRY LOGAN, Defendants-Appellees. | Appeal from the Circuit Court ofKendall County. No. 98--MR--12 Honorable Thomas E. Hogan,Judge, Presiding. |
JUSTICE McLAREN delivered the opinion of the court:
Plaintiff, Caterpillar Incorporated (Caterpillar), appeals from a judgment of the circuit court affirming the decision of theIllinois Department of Employment Security Board of Review (Board), which granted claimant Terry Logan's claim forunemployment benefits. On appeal, Caterpillar contends that Logan was ineligible for unemployment benefits because hewas discharged for misconduct connected with his work. We reverse.
Logan began working for Caterpillar in 1973 and was fired on or about August 12, 1997. After a claims adjudicator foundthat the claimant was eligible for unemployment benefits, Caterpillar appealed. A hearing on this appeal ensued before areferee of the Department of Employment Security. The following evidence was presented before the hearing referee.
Wendy Watta, formerly Vosberg, a Caterpillar power train design engineer, testified that during 1996 and early 1997 sheand Logan had a romantic relationship. She stated that, after 1