Does Arguing Without Using Abusive Language Justify Employee Discharge for Misconduct ?

In Oleszczuk v. Department of Employment Security, 336 Ill. App. 3d 46, 50, 782 N.E.2d 808, 270 Ill. Dec. 249 (2002), the plaintiff was discharged for insubordination because she yelled at her manager after being accused of lying about whether or not she learned certain tasks at a training session. See Oleszczuk v. Department of Employment Security, 336 Ill. App. 3d 46, 782 N.E.2d 808, 270 Ill. Dec. 249 (2002). The plaintiff applied for unemployment compensation benefits and was denied by the referee and Board because she had been fired for misconduct. Oleszczuk, 336 Ill. App. 3d at 49. The circuit court affirmed the decision. Oleszczuk, 336 Ill. App. 3d at 49. In reversing the circuit court order, we held that: "[a] single flurry of temper between a worker and a supervisor may be enough to warrant discharge in an at-will relationship. But it is not enough to deny unemployment benefits." Oleszczuk, 336 Ill. App. 3d at 52. The Court have held that "arguing with a supervisor without using abusive language or threats is not sufficient to establish discharge for misconduct under the Act." Oleszczuk, 336 Ill. App. 3d at 52.