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CCH® UNEMPLOYMENT INSURANCE — 3/27/15

Claimant’s nap not deliberate says Illinois court

The claimant, a night security guard at a large airport, momentarily fell asleep at his post. The claimant’s nodding off on duty did not amount to deliberate and willful misconduct as falling asleep on the job is willful only if an individual purposely takes a nap. An employee’s conduct may be careless, negligent, or substandard, but these are not enough to constitute deliberate and willful conduct, which requires that the conduct be intentional. Thus, the court affirmed the Board’s ruling that the claimant was entitled to benefits (Universal Security Corporation v. DES, Ill. App. Ct., First District, No. 1-13-3886, February 18, 2015).