The adjudicator held that Hooker had deliberately and willfully violated Universal’s reasonable policy. On appeal, the referee reversed, ruling that Hooker had not fallen asleep deliberately and willfully, thus, he could claim benefits. Universal appealed to the Board of Review, which affirmed. Universal then sought judicial review, and the circuit court affirmed the Board.
The Illinois Appellate Court affirmed the Board of Review. It held that the record supported the conclusion that Hooker's falling asleep on duty was not deliberate and willful misconduct within the meaning of Section 602(A) of the Unemployment Insurance Act. There were no indications that Hooker previously had fallen asleep on duty, that he realized he was falling asleep, or that he made no efforts to stay awake; and he had no history of work infractions. Thus, Board properly ruled that Hooker was eligible for unemployment benefits, even though employer had reason to fire him for sleeping at work.