McCleary v. Wells Fargo Securities, LLC

Illinois Appellate Court
Civil Court
Employee Benefits
Citation
Case Number: 
2015 IL App (1st) 141287
Decision Date: 
Tuesday, March 17, 2015
District: 
1st Dist.
Division/County: 
Cook Co., 2d Div.
Holding: 
Reversed and remanded.
Justice: 
PIERCE
(Court opinion corrected 3/23/15.) Plaintiff's amended complaint against his former employer pled sufficient facts that, if proven, would entitle Plaintiff to relief for breach of contract, violation of Illinois Wage Payment and Collection Act, and unjust enrichment. Employer's discretion to award bonuses under "Group Bonus Plan" did not foreclose Plaintiff from seeking remedy based on breach of implied covenant of good faith and fair dealing for abuse of that discretion. (SIMON and NEVILLE, concurring.)