ILCS » Chapter 210 · Act 45

210 ILCS 45/3-608

A licensee or its agents or employees shall not transfer, discharge, evict, harass, dismiss, or retaliate against a resident, a resident's representative, or an employee or agent who makes a report under Section 2-107, brings or testifies in an action under Sections 3-601 through 3-607, or files a complaint under Section 3-702, because of the report, testimony, or complaint

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(210 ILCS 45/3-608) (from Ch. 111 1/2, par. 4153-608)
    Sec. 3-608. A licensee or its agents or employees shall not transfer, discharge, evict, harass, dismiss, or retaliate against a resident, a resident's representative, or an employee or agent who makes a report under Section 2-107, brings or testifies in an action under Sections 3-601 through 3-607, or files a complaint under Section 3-702, because of the report, testimony, or complaint.
(Source: P.A. 81-223.)

    
Notes of Decisions
Cited in 17 cases (1 in the last 5 years), 1998–2022 · leading case: Fisher v. Lexington Health Care, Inc.
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Fisher v. Lexington Health Care, Inc. (1999) ill · cites it 6× “*1116 Justice BILANDIC delivered the opinion of the court: The plaintiffs, Felicia Fisher and Latisha Coleman, filed this action in the circuit court of Du Page County against their former employer, nursing home operator Lexington Health Care, Inc.”
Metzger v. DaRosa (2004) ill · cites it 3× “In Fisher, plaintiffs sought to pursue an action for damages under section 3-608 of the Nursing Home Care, Act (210 ILCS 45/3-608 (West 1996)). Section 3-608 provides: "A [nursing home facility] licensee or its agents or employees shall not transfer, discharge, evict, harass,…”
Fiumetto v. Garrett Enterprises, Inc. (2001) illappct · cites it 2× “In that case, the supreme court was addressing whether a private right of action existed under the Nursing Home Care Act (210 ILCS 45/3-608 (West 1996)). Fisher, 188 Ill.”
King v. Senior Services Associates, Inc. (2003) illappct “Thus, even the specific protections of section 3-608 of the Nursing Home Care Act (210 ILCS 45/3-608 (West)) sought first and foremost to protect nursing home residents.”
Tunca v. Painter (2012) illappct “¶ 20 In applying those factors to the antiretaliation provision of the Nursing Home Care Act (210 ILCS 45/3-608 (West 1996)), our supreme court held there was no private right of action to an employee who was retaliated against by an employer.”
Bea v. Bethany Home, Inc. (2002) illappct “" 210 ILCS 45/3-608 (West 1996). *625 The supreme court ruled that section 3-608 did not imply a private right of action because the Nursing Home Care Act was intended to protect nursing home residents, not employees.”
Cretella v. Azcon, Inc. (2022) illappct “2d at 460 , the court concluded that section 3-608 of the Nursing Home Care Act (210 ILCS 45/3-608 (West 1996)) did not imply a private right of action to nursing home employees who were harassed and discharged after providing information during an investigation concerning the…”
Davis v. Kewanee Hospital (2014) illappct “¶ 33 In Fisher, the plaintiffs, former employees of the defendant nursing home, sued for alleged retaliatory conduct, under section 3-608 of the Nursing Home Care Act (210 ILCS 45/3-608 (West 1996)). Fisher, 188 Ill.”
Fisher v. Lexington Health Care, Inc. (1998) illappct “(Lexington), filed a complaint against Lexington and defendant Carmen Necum asserting an implied statutory cause of action pursuant to section 3-608 of the Nursing Home Care Act (210 ILCS 45/3-608 (West 1996)). Plaintiffs allege that they were victims of retaliatory harassment,…”
Carmichael v. Union Pacific Railroad Company (2018) illappct “¶ 19 Similarly, in Fisher , plaintiffs sought to pursue an action for damages under section 3-608 of the Nursing Home Care Act ( 210 ILCS 45/3-608 (West 1996) ), which prohibits a nursing home from retaliating against employees who report improper patient treatment.”
Marque Medicos Archer, LLC v. Liberty Mutual Insurance Co. (2019) illappct · cites it 2× “¶ 19 In Fisher, two nursing home employees who had cooperated with an investigation into the death of a nursing home resident sought to imply a private right of action for retaliatory conduct under section 3-608 of the Nursing Home Care Act (210 ILCS 45/3-608 (West 1996)).…”
Carmichael v. Union Pacific Railroad Company (2019) illappct “¶ 19 Similarly, in Fisher, plaintiffs sought to pursue an action for damages under section 3-608 of the Nursing Home Care Act (210 ILCS 45/3-608 (West 1996)), which prohibits a nursing home from retaliating against employees who report improper patient treatment.”
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