Overstreet v. Illinois Department of Employment Security

Devon Overstreet, who worked as a bus driver for the Chicago Transit Authority (CTA) for over six years, took a sick leave from January 30 to March 15, 1985. Because she had been on sick leave for more than seven days, CTA required her to take a medical examination. The blood and urine analysis indicated the presence of cocaine. A second test confirmed the findings. On March 20, 1985, CTA suspended her and placed her in the Employee’s Assistance Program for Substance Abuse for not less than 30 days, with a chance of reassignment to a nonoperating job if she successfully completed the program. The program is an alternative discharge and is at the election of the employee. Overstreet filed for unemployment compensation benefits. CTA Contested her claim. Who Wins?

[Overstreet v. Illinois Department of Employment Security, 522 N.E. 2d 185 (III App. 1988)]

Please describe what the Issue, Rule, Application and what the conclusion would be.
Substance abuse, employment, Overstreet v. Illinois Department of Employment Security

Maximum of 200 words. Please use bullet points.

 

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