A former special education teacher's battle for unemployment benefits has been quashed by the Illinois Appellate Court. Linda Kane, who filed the complaint in Cook County on September 13, 2024, against the Department of Employment Security and other defendants, claimed she was unjustly denied unemployment benefits after being fired from her job.
Linda Kane worked part-time at iCan Dream Center from September 23, 2021, until February 1, 2022. She applied for unemployment benefits shortly after her departure, stating she had been discharged. However, iCan Dream Center contested her claim. Dr. Evisha Ford, the executive director of the Center, asserted that Kane had resigned in lieu of termination to access unemployment benefits and cited "egregious" conduct as a reason for potential termination.
The case delved into various documents submitted by Ford: a remediation plan highlighting Kane's unsatisfactory attitude and conduct; a performance review indicating mixed feedback; and a severance letter summarizing their February 1 meeting where Kane allegedly agreed to resign. During this meeting, Ford noted that Kane expressed dissatisfaction with her job and refused to reflect on her evaluation. The letter stated that Kane considered it her "lucky day" prior to resigning.
Kane disputed these claims during an interview with a Department claims adjudicator and later during a telephone hearing with Administrative Law Judge (ALJ) Marilyn Wood. She maintained that she never quit but was instead terminated by Ford. According to Kane’s testimony, Ford belittled her during their meeting which led Kane to challenge Ford to fire her if that was her intention. Ford accepted this challenge as a resignation.
Despite Kane's insistence that she would never leave a $60-an-hour job voluntarily and accusations of deceitful practices at the Center including allegations of abuse going unreported by administration, ALJ Wood found Kane's testimony not credible. The judge concluded that Kane had voluntarily left without good cause attributable to her employer under section 601(A) of the Unemployment Insurance Act.
The Board of Review upheld this decision upon appeal by reviewing all evidence and finding no substantial grounds for reconsideration. They determined that plaintiff’s actions amounted to constructive voluntary leaving since she effectively solicited her own discharge by challenging Ford.
Plaintiff’s subsequent appeal to the circuit court also failed as it affirmed the Board’s decision based on substantial evidence supporting the conclusion that plaintiff left voluntarily without good cause attributable to her employer.
Representing herself pro se throughout these proceedings, Linda Kane faced opposition from multiple legal representatives including Justices Oden Johnson, Mikva, Navarro along with Judge Daniel P. Duffy presiding over initial hearings in Cook County Circuit Court under Case ID No. 23 L 50068.