Background
Doniel Hampton worked as a line cook for Red Robin from 2016 until his discharge in August 2024. The Illinois Department of Employment Security initially found him eligible for unemployment benefits, concluding that his performance shortcomings were not deliberate or willful misconduct.
After Red Robin appealed, its kitchen manager testified that Hampton had rinsed rather than washed and sanitized food-preparation equipment and had left food particles on prep surfaces. Red Robin introduced an earlier final written warning concerning similar food-safety violations. The Department referee and, later, the Board of Review found Red Robin’s evidence credible and concluded that Hampton had been discharged for misconduct. The Cook County circuit court affirmed.
The Court’s Holding
The appellate court affirmed. It held that the Board’s finding that Hampton deliberately and willfully violated Red Robin’s reasonable sanitation and safety rules was not clearly erroneous.
The court concluded that evidence of Hampton’s prior warning, repeated coaching, and the August 2024 incident supported the finding that he knowingly disregarded the employer’s cleaning procedures. His asserted claims that Red Robin fabricated the allegations and warnings presented factual and credibility disputes, and the court deferred to the Board’s assessment that Red Robin’s evidence was credible and Hampton’s testimony was not.
Key Takeaways
- An employee may be disqualified from Illinois unemployment benefits for knowingly violating a reasonable workplace safety rule.
- A repeated violation after a prior warning can establish statutory misconduct.
- On administrative review, courts defer to the Board’s supported factual findings and credibility determinations.
Why It Matters
The decision illustrates that food-safety violations may constitute disqualifying misconduct when an employer can show that an employee knew the applicable procedures, received prior warnings, and repeated the conduct. It also underscores the limited scope of appellate review of agency credibility determinations.