Employment Geared Around and Subservient to Classes
In Miller v. Department of Employment Security, 245 Ill. App. 3d 520, 522, 615 N.E.2d 35, 185 Ill. Dec. 740 (1993), the reviewing courts found that the plaintiffs had made work subservient to school and were only seeking part-time work that did not interfere with their courses. Miller, 245 Ill. App. 3d at 523-24; James, 119 Ill. App. 3d at 528.
In Miller, the plaintiff took classes at varying times Monday through Friday at Lincoln Land Community College and wanted to work an afternoon or evening shift. Miller, 245 Ill. App. 3d at 522-23.
The plaintiff indicated on a form that he did not want to work a ' graveyard shift, ' but later showed a possible willingness to work the late hours if "the pay was right." Miller, 245 Ill. App. 3d at 523.
In his forms, the plaintiff also stated that he could not work Mondays, Tuesdays, Wednesdays or Thursdays because of school. Miller, 245 Ill. App. 3d at 523.
Based on this evidence, the Miller court concluded that "the Department could appropriately find plaintiff's employment was geared around and subservient to his classes." Miller, 245 Ill. App. 3d at 523.