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Federal: Retaliatory Discharge Action Not Dependent Upon CBA

The 7th Circuit Court of Appeals recently held that a former employee's state court, state-law, retaliatory discharge claim under the Illinois Workers' Compensation Act (IWCA), was not a “disguised action under the Labor Management Relations Act, 29 U.S.C.S. § 185, so as to allow removal...

Federal: Illinois Employer May Not Require Notice Prior to Medical Treatment

The Illinois Workers’ Compensation Act grants an injured worker the right to seek medical care prior to notifying the employer of the workplace injury or condition, even where the employer has a known employment policy regarding such notification, held an Illinois court. Accordingly, an employer’s...

Illinois: Where Trier of Fact Believes Employer’s Non-Pretextual Reason for Discharge, Employee Fails to Carry His or Her Burden of Proof

The Supreme Court of Illinois held that in a retaliatory discharge action, the burden of proof is on the discharged employee to show that the employment was terminated and that the termination was in retaliation for the employee’s actions, that if an employer provides a reason for the employee’s...

Federal: Since Illinois Workers’ Comp Act Created Retaliatory Discharge Action, It Could Not Be Removed to Federal Court

A federal district court, sitting in Illinois, held that in as much as a retaliatory discharge action in Illinois is created by the state’s Workers’ Compensation Act [see 820 Ill. Comp. Stat. Ann. § 305/4(h)], such a civil action may not be removed to federal court on the basis of diversity...