Jaime v. Director, Department Of Employment Security

704 N.E.2d 721 (1998)

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Nature Of The Case

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Facts

P worked for Miniat for 10 years, and for the duration of her employment she resided at 2307 South Marshall Boulevard in Chicago. In December 1995, Miniat moved its place of business from 38th Street and Halsted Street in Chicago to 16250 South Dakin in South Holland, a distance of 16 miles. P continued to work for the company for about six weeks. On February 11, 1996, P applied for unemployment compensation benefits, and on February 13, 1996, she resigned from Miniat. Miniat claimed that P was not entitled to benefits because she had left work voluntarily. P stated that she had left Miniat due to a lack of transportation. On March 16, 1996, the claims adjudicator denied her claim. P requested reconsideration stating that she had left her job due to a lack of transportation after her employer moved close to Indiana. A hearing was held and Jaime testified that she had worked for Miniat for 10 years and that, during the preceding December, the company had moved. P continued to work for the company, obtaining a ride with a coworker. P resigned from Miniat on February 13, however, because the coworker with whom she had been getting a ride had stopped working for the company and P had no means of getting to work. The referee affirmed the decision of the claims adjudicator. P requested a review of the referee's decision by the Board of Review. The Board of Review affirmed. P filed her complaint for administrative review. P asked the trial court to take judicial notice of the approximate 16-mile distance. The circuit court reversed the Board of Review's decision, finding it contrary to law. The court found that it would have been too great a burden to have required her to take public transportation to Miniat's new location. Ds appealed.

Issues

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Holding & Decision

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Legal Analysis

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