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MESSER & STILP v. DEPT. OF EMPLOYMENT SEC.

No. 1-08-1761.

910 N.E.2d 1223 (2009)

MESSER & STILP, LTD., a Professional Corporation, Plaintiff-Appellant, v. The DEPARTMENT OF EMPLOYMENT SECURITY, an Administrative Agency of the State of Illinois; James P. Sledge, Director of the Illinois Department of Employment Security; Board of Review, an Administrative Agency of the State of Illinois, and its Members Individually, J. Hunt Bonan, Stanley L. Drassler, Jr., William J. Nolan, and Tracy McGonigle, Employee, Defendants-Appellees.

Appellate Court of Illinois, First District, Fifth Division.

June 12, 2009.

Attorney(s) appearing for the Case

John N. Bielski II, J. Michael True, Messer & Stilp, Ltd., Chicago, for Plaintiff-Appellant.

Kristin D. Tauras, McKenna Storer, Chicago, Lisa Madigan, Attorney General, Michael A. Scodro, Solicitor General, Brian F. Barov, Assistant Attorney General, Chicago, for Defendants-Appellees.

Justice TOOMIN delivered the opinion of the court:

The question before us is whether an attorney's termination for unsatisfactory performance meets the standard of willful misconduct required to deny unemployment insurance benefits. No reported Illinois case has answered the question. Plaintiff, Messer & Stilp, Ltd., appeals from the circuit court's judgment affirming the administrative decision of the Board of Review...

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