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LIVINGSTON v. DEPARTMENT OF EMPLOYMENT SEC.

No. 1-06-2298.

873 N.E.2d 444 (2007)

Janie LIVINGSTON, Plaintiff-Appellant, v. The DEPARTMENT OF EMPLOYMENT SECURITY; Director of Employment Security; The Board of Review; and Lakeview Nursing and Rehabilitation c/o Personnel Planners, Defendants-Appellees.

Appellate Court of Illinois, First District, Fifth Division.

Rehearing Denied August 23, 2007.

Attorney(s) appearing for the Case

Harry S. Weber, Chicago (Harry S. Weber, of counsel), for Appellant.

Lisa Madigan, Attorney General of the State of Illinois, Chicago (Gary Feinerman, Solicitor General, and Elaine Wyder-Harshman, Assistant Attorney General, of counsel), for Appellee.

Justice GALLAGHER delivered the opinion of the court:

Plaintiff Janie Livingston appeals from the denial of her claim for unemployment insurance benefits under the Unemployment Insurance Act (Act) (820 ILCS 405/100 et seq. (West 2004)). Defendant Lakeview Nursing and Rehabilitation (Lakeview) discharged plaintiff from her job as a certified nursing assistant after she allegedly slapped the face of an elderly resident, Dolores Johnson.

On appeal, plaintiff...

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