IWPCA, not retaliatory discharge, prohibits reprisals

As we have written many times, the general rule in Illinois is that either the employer or the employee may terminate an employment relationship at any time and for any reason. Starting in 1981, the state’s courts have recognized a narrow exception to the employment-at-will doctrine if an employee’s discharge violates a “clear mandate of public policy.”

A recent decision by the Illinois Court of Appeals was the first to interpret a 2011 amendment to the Illinois Wage Payment and Collection Act (IWPCA) that states an employee who has been retaliated against for pursuing rights under the Act may file a civil action for damages. The question for the court was whether such an action can be based only on the statute or whether the Act also supports a common-law claim for retaliatory discharge.

Germination

Lisa Dichiarro worked as a salesperson for Woodland Maintenance Group, LLC, which operates a landscaping business. She had a written employment agreement with the company under which she received a base salary with the possibility of additional compensation based on sales she procured.

According to Dichiarro, Woodland wasn’t making good on the agreement. In April 2019, she informed the company’s management it owed her more than $33,000 in compensation plus accrued vacation. She attended several meetings with the firm’s representatives in May and June to try to resolve the issues.