retaliatory discharge claim in Illinois

2012See Jacobson v. Knepper & Moga, P.C., 185 Ill. 2d 372, 376 (1998) (discussing elements of a retaliatory discharge claim).

2006See Jacobson, 185 Ill. 2d at 376 (the conduct complained of by the plaintiff asserting a retaliatory discharge claim can be either "illegal or improper"); Stebbings v. University of Chicago, 312 Ill.

2025See Turner v. Memorial Medical Center, 233 Ill. 2d 494, 500 (2009) (setting forth the elements of a retaliatory discharge claim).

2025First, defendant maintains, the fifth amended complaint failed to identify a clearly mandated public policy that was applicable under the circumstances of the present case and relied, instead, upon vague and general concepts of public health and safety, an approach that the Illinois Supreme Court has specifically rejected (see Turner, 233 Ill. 2d at 502-08 (indicating that to properly plead the public policy element of a retaliatory discharge claim, the plaintiff must, among other things, identify a specific expression of public policy)).

1992See Ryherd v. General Cable Co. (1988), 124 Ill. 2d 418, 426-28 , 530 N.E.2d 431, 435 (prior arbitration of contractual claim between two parties does not collaterally estop plaintiff from bringing a retaliatory discharge claim not addressed by the arbitrator, even though both claims involved essentially the same facts).

1992See Ryherd v. General Cable Co. (1988), 124 Ill. 2d 418, 426-28 , 530 N.E.2d 431, 435 (prior arbitration of contractual claim between two parties does not collaterally estop plaintiff from bringing a retaliatory discharge claim not addressed by the arbitrator, even though both claims involved essentially the same facts).

2016In Kelsay v. Motorola, Inc., 74 Ill. 2d 172, 181-85 (1978), however, our supreme court carved out a limited exception to this rule and recognized an employee’s right to file a retaliatory discharge claim if he was fired for seeking workers’ compensation benefits.

2016In Kelsay v. Motorola, Inc., 74 Ill. 2d 172, 181-85 (1978), however, our supreme court carved out a limited exception to this rule and recognized an employee’s right to file a retaliatory discharge claim if he was fired for seeking workers’ compensation benefits.

2012This conclusion holds whether plaintiff's claim is framed as a generic retaliatory-discharge claim or under the so-called "citizen crime-fighter" line of cases (see, e.g., Palmateer v. International Harvester Co., 85 Ill.2d 124, 132-33 , 52 Ill.Dec. 13 , 421 N.E.2d 876, 880 (1981)). ¶ 24 Our analysis purposely leaves inessential questions unresolved: particularly, whether (1) at this stage in the proceedings, it may be said that plaintiff's discharge was retaliatory as a matter of fact; and (2) plaintiff's asserted public policy of "protecting the privacy rights of individuals with respect to

2012This conclusion holds whether plaintiff's claim is framed as a generic retaliatory-discharge claim or under the so-called "citizen crime-fighter" line of cases (see, e.g., Palmateer v. International Harvester Co., 85 Ill.2d 124, 132-33 , 52 Ill.Dec. 13 , 421 N.E.2d 876, 880 (1981)). ¶ 24 Our analysis purposely leaves inessential questions unresolved: particularly, whether (1) at this stage in the proceedings, it may be said that plaintiff's discharge was retaliatory as a matter of fact; and (2) plaintiff's asserted public policy of "protecting the privacy rights of individuals with respect to

2009To establish a retaliatory discharge claim, the plaintiff must plead and prove that she was “(1) discharged; (2) in retaliation for her activities; and (3) that the discharge violates a clear mandate of public policy.” Hinthorn v. Roland’s of Bloomington, Inc., 119 Ill. 2d 526, 529 (1988).

2009To establish a retaliatory discharge claim, the plaintiff must plead and prove that she was “(1) discharged; (2) in retaliation for her activities; and (3) that the discharge violates a clear mandate of public policy.” Hinthorn v. Roland’s of Bloomington, Inc., 119 Ill. 2d 526, 529 (1988).

2014However, as there has been a trial on the merits in this case, the denial of the Board's motions for summary judgment and direct verdict have merged into the final judgment (Thurmond v. Monroe, 235 Ill.

2014However, as there has been a trial on the merits in this case, the denial of the Board's motions for summary judgment and direct verdict have merged into the final judgment (Thurmond v. Monroe, 235 Ill.

2025See also Roberts, 2019 IL 123594, ¶ 22 (describing a retaliatory discharge claim as a “limited and narrow exception to the general rule that employees are at-will”); Michael v. Precision Alliance Group, LLC, 2014 IL 117376, ¶ 39 (same). ¶ 59 Although we note that the circuit court did not expressly rely on this basis, we find that summary judgment in favor of Northwestern was proper as plaintiff was not an employee of Northwestern.

2024However, “[i]f an employer provides a reason for the employee’s dismissal, that does not automatically defeat a retaliatory discharge claim.” Michael v. Precision Alliance Group, LLC, 2014 IL 117376, ¶ 32 .

2000"Illinois courts have consistently held that policies affecting the health and safety of citizens will support a retaliatory discharge claim." Leweling , 276 Ill.

2000“Illinois courts have consistently held that policies affecting the health and safety of citizens will support a retaliatory discharge claim.” Leweling, 276 Ill.

1999BRESLIN and SLATER, JJ., concur. 1 See also Belline v. K-Mart Corp., 940 F.2d 184 (7th Cir. 1991) (internal complaint sufficient); Wheeler v. Caterpillar Tractor Co., 108 Ill. 2d 502 , 485 N.E.2d 372 (1985) (an internal safety complaint regarding violations of the Nuclear Regulatory Commission’s regulations does not preclude a retaliatory discharge claim); Sherman v. Kraft General Foods, Inc., 272 Ill.

1999BRESLIN and SLATER, JJ., concur. 1 See also Belline v. K-Mart Corp., 940 F.2d 184 (7th Cir. 1991) (internal complaint sufficient); Wheeler v. Caterpillar Tractor Co., 108 Ill. 2d 502 , 485 N.E.2d 372 (1985) (an internal safety complaint regarding violations of the Nuclear Regulatory Commission’s regulations does not preclude a retaliatory discharge claim); Sherman v. Kraft General Foods, Inc., 272 Ill.

2017In Barr v. Kelso-Burnett Co., 106 Ill. 2d 520, 523 , 478 N.E.2d 1354, 1355 (1985), the employees sought to raise a claim of retaliatory discharge against their private employer based on, inter alia, their first amendment right to freedom of speech.

1988App. 642 , 477 A.2d 1197 (recognizing “constructive discharge” as actionable element of a retaliatory discharge claim).) Relying on the language in Barr v. Kelso-Burnett (1985), 106 Ill. 2d 520 , stating that the supreme court “ ‘does not “strongly support” the expansion of the [retaliatory discharge] tort,’ ” the appellate court refused to extend the tort to include situations in which the plaintiff has been only constructively, not actually, discharged.

2002App. 3d 694, 697-98 , 697 N.E.2d 743, 745-46 (1998) (in which the appellate court (1) rejected the proposition that an employer's reasonably held belief that an employee lied about her injuries defeats the employee's retaliatory discharge claim and (2) explained that an act of "retaliation" occurs when the employer's action is causally related to the employee's exercise of rights under the Workers' Compensation Act).

2002App. 3d 694, 697-98 , 697 N.E.2d 743, 745-46 (1998) (in which the appellate court (1) rejected the proposition that an employer’s reasonably held belief that an employee lied about her injuries defeats the employee’s retaliatory discharge claim and (2) explained that an act of “retaliation” occurs when the employer’s action is causally related to the employee’s exercise of rights under the Workers’ Compensation Act).

2019App. 3d at 1094 (same); McCoy v. Maytag Corp., 495 F.3d 515, 523-24 (7th Cir. 2007) (affirming summary judgment in favor of the employer on a retaliatory discharge claim where the employee failed to provide current medical documentation to support his absence from work in accordance with company policy). ¶ 56 At the time of his discharge, the decedent had been on a leave of absence for over seven months and had not provided Nicor with any current medical documentation other than the forms from Dr. Siegfried that were based on his examination of the decedent during the first month of his leave

2018App. 3d at 1094 , 157 Ill.Dec. 745 , 572 N.E.2d 1209 (same); McCoy v. Maytag Corp. , 495 F.3d 515 , 523-24 (7th Cir. 2007) (affirming summary judgment in favor of the employer on a retaliatory discharge claim where the employee failed to provide current medical documentation to support his absence from work in accordance with company policy). ¶ 56 At the time of his discharge, the decedent had been on a leave of absence for over seven months and had not provided Nicor with any current medical documentation other than the forms from Dr. Siegfried that were based on his examination of the decede

2018App. 3d at 1094 , 157 Ill.Dec. 745 , 572 N.E.2d 1209 (same); McCoy v. Maytag Corp. , 495 F.3d 515 , 523-24 (7th Cir. 2007) (affirming summary judgment in favor of the employer on a retaliatory discharge claim where the employee failed to provide current medical documentation to support his absence from work in accordance with company policy). ¶ 56 At the time of his discharge, the decedent had been on a leave of absence for over seven months and had not provided Nicor with any current medical documentation other than the forms from Dr. Siegfried that were based on his examination of the decede

2018App. 3d at 1094 , 157 Ill.Dec. 745 , 572 N.E.2d 1209 (same); McCoy v. Maytag Corp. , 495 F.3d 515 , 523-24 (7th Cir. 2007) (affirming summary judgment in favor of the employer on a retaliatory discharge claim where the employee failed to provide current medical documentation to support his absence from work in accordance with company policy). ¶ 56 At the time of his discharge, the decedent had been on a leave of absence for over seven months and had not provided Nicor with any current medical documentation other than the forms from Dr. Siegfried that were based on his examination of the decede

2016While it is true that the mere passage of time will not per se insulate an employer from a retaliatory discharge claim (see Netzel v. United Parcel Service, Inc., 181 Ill.

2016While it is true that the mere passage of time will not per se insulate an employer from a retaliatory discharge claim (see Netzel v. United Parcel Service, Inc., 181 Ill.

2011ANALYSIS “When reviewing the dismissal of a complaint for failure to state a cause of action, all well-pleaded 1 “The ARDC is an agency of [the supreme] court which, inter alia, receives, investigates and prosecutes allegations of professional misconduct by attorneys licensed to practice in Illinois.” Skolnick v. Altheimer & Gray, 191 Ill. 2d 214, 217 (2000). 5 1-10-0643 facts and inferences drawn therefrom are accepted as true.” Paskarnis v. Darien-Woodridge Fire Protection District, 251 Ill.

2011ANALYSIS “When reviewing the dismissal of a complaint for failure to state a cause of action, all well-pleaded facts and inferences drawn therefrom are accepted as true.” Paskarnis v. Darien-Woodridge Fire Protection District, 251 Ill.

2008For instance, in Buckner v. Atlantic Plant Maintenance, Inc., 182 Ill. 2d 12 , 694 N.E.2d 565 (1998), the Illinois Supreme Court held that a discharged worker could not bring a retaliatory discharge claim against the employee who actually fired the worker.

2008For instance, in Buckner v. Atlantic Plant Maintenance, Inc., 182 Ill. 2d 12 , 694 N.E.2d 565 (1998), the Illinois Supreme Court held that a discharged worker could not bring a retaliatory discharge claim against the employee who actually fired the worker.

2019Michael, 2014 IL 117376, ¶ 32 (citing Clemons, 184 Ill. 2d at 336 ); see also Siekierka, 373 Ill.

2014Id. at 215 , 868 N.E.2d at 375 .

1987App. 3d 219, 223 , 485 N.E.2d 26, 28 .) In determining that the retaliatory-discharge doctrine should not cover such a situation, the court stated that “constructive discharge is not an actionable concept” in regard to retaliatory discharge. ( 138 Ill.

1987App. 3d 219, 223 , 485 N.E.2d 26, 28 .) In determining that the retaliatory-discharge doctrine should not cover such a situation, the court stated that “constructive discharge is not an actionable concept” in regard to retaliatory discharge. ( 138 Ill.

2014The court stated: "Therefore, although he did not properly disclose the retaliatory discharge claim, he did not take two inconsistent positions under oath." Holland, 2013 IL App (5th) 110560, ¶ 118 . -6- ¶ 16 The court held that it could not conclude that the trial court had abused its discretion in declining to apply the judicial-estoppel doctrine to the plaintiff's lawsuit against Schwan's when the plaintiff had not taken "two contrary positions under oath and the record [did] not establish that he intended to omit his claim against Schwan's from his bankruptcy estate." Holland, 2013 IL App

2014The court stated: "Therefore, although he did not properly disclose the retaliatory discharge claim, he did not take two inconsistent positions under oath." Holland, 2013 IL App (5th) 110560, ¶ 118 . -6- ¶ 16 The court held that it could not conclude that the trial court had abused its discretion in declining to apply the judicial-estoppel doctrine to the plaintiff's lawsuit against Schwan's when the plaintiff had not taken "two contrary positions under oath and the record [did] not establish that he intended to omit his claim against Schwan's from his bankruptcy estate." Holland, 2013 IL App

2022Hollister argues that (1) Mayer’s claim is barred by an affirmative matter, (2) Mayer did not hold a reasonable belief that Murphy’s conduct was illegal, (3) the amended - 10 - No. 1- 20-1196 complaint pled insufficient facts to show that Hollister violated a matter of public policy, and (4) Mayer fails to show his discharge violated public policy. ¶ 32 Hollister cites Rabin v. Karlin & Fleischer, LLC, 409 Ill.App.3d 182 (1st Dist. 2011) to argue that Mayer was required to allege that Hollister’s conduct was illegal.

2020Rabin v. Karlin & Fleisher, LLC, 409 Ill.