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Retaliatory Discharge Tort

NOT Preempted by

Whistleblower Act
Illinois Appeals Court

Rules Plaintiff has

Second Shot

    The Illinois First District Appellate Court  has just ruled that common law retaliatory discharge tort claims can "co-exist" with the Illinois Whistleblower Act, and that the latter did not repeal the former. In Callahan v. Edgewater Care & Rehabilitation Center, the plaintiff claimed she was dismissed for telling her bosses that a resident was being kept there against her will. Callahan claimed her employer was violating the Illinois Nursing Homes Care Act. Callahan did not complain to a public official.

    The appeals court ruling is the first Illinois decision, and it collides with federal district court rulings from Chicago going the other way. Because of Judge Hoffman's lengthy analysis in this case, the federal decisions have less strength.