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Summary A Chicago judge ruled that the decision to deny her benefits was 'clearly erroneous'.
A receptionist that was fired because she continued to work during her lunch break was finally awarded her unemployment benefits.A Chicago judge ruled that the decision to deny her benefits - which then started a two-year battle - was clearly erroneous. The row started when Sharon Smiley, 48, punched out for lunch in January 2010 but then remained at her desk to finish up an extra assignment that she had been given.Sharon Smiley had worked for 10 years as a receptionist and administrative assistant at a Chicago real estate company until she was fired for skipping lunch one day. After a two-year battle, an appeals court in Illinois has found that denial of her unemployment benefits was clearly erroneous.Her former employer, Equity Lifestyle Properties Inc., did not return a request for comment.The companys human resources director then became involved, explaining that hourly non-exempt employees were required to take a 30-minute lunch break, a policy that had been in the company handbook for 10 years, according to the filing. Not following the policy would be a violation of Illinois labor laws, the HR director said.
