Section Newsletters

Articles on Retaliatory Discharge

Common law retaliatory discharge By Shari R. Rhode Labor and Employment Law, June 2015 A summary of Flick v. Southern Illinois Healthcare, NFP.
Drug testing retaliatory discharge claim fails on issues of causation By Michael R. Lied Labor and Employment Law, March 2015 A summary of the recent case of Phillips v. Continental Tire The Americas, LLC.
The Erie rule as applied in Gacek v. American Airlines, Inc. By Zeke McCartney Corporate Law Departments, October 2010 The court in Gacek held that when a retaliatory discharge case governed by state law is litigated in a federal court, the federal court must apply the state standard to a motion for summary judgment.
Retaliatory discharge: Can a petitioner be fired? A look at Grabs v. Safeway, 2009 WL 1709570 (Ill. App. 1st Dist. 2009) By William R. Gallagher Workers’ Compensation Law, September 2009 Whether you represent petitioners or respondents, the termination of employment of an individual who has sustained a work-related injury is many times a very perplexing and difficult issue to address.
Borrowed employee has retaliatory discharge claim By Michael R. Lied Labor and Employment Law, June 2009 In a case of first impression, the Illinois Appellate Court determined that an employee of a staffing company could sue the company’s customer for retaliatory discharge.
Tort Immunity Act is no protection against claim of retaliatory discharge for pursuing workers’ compensation claim By Karen D. Fox Labor and Employment Law, June 2008 On April 17, 2008, in Smith v. Waukegan Park District, 2008 WL 1746664, the Illinois Supreme Court held that the Tort Immunity Act did not protect a public entity against a claim by an employee of retaliatory discharge for pursuing his workers’ compensation benefits.
Retaliatory discharges and citizen crime-fighters By Paul E. Freehling Labor and Employment Law, July 2005 An at-will employee observes what she believes to be misconduct harmful to the employer, and she "blows the whistle" internally.
The Illinois Appellate Court, First District, expands the tort of retaliatory discharge By Daniel S. Alcorn Labor and Employment Law, June 2003 In Pietruszynski v. The McClier Corporation, Architects and Engineers, Inc., the Illinois Appellate Court, First District, held that an employee who is discharged based on his participation as a witness in the workers' compensation proceeding of a co-employee can state a cause of action for retaliatory discharge.

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