Gajda v. Steel Solutions Firm, Inc.

Plaintiffs filed complaint under Illinois Employee Classification Act, alleging that two companies were predecessor corporations of another company, and thus Plaintiffs could impute illegal conduct of predecessor corporations to later company through piercing its corporate veil. Plaintiffs alleged their were misclassified as independent contractors by company or its predecessors, and were wrongfully terminated in retaliation for filing complaint with Illinois Department of Labor. Piercing the corporate veil is not a cause of action but a means of imposing liability in underlying cause of action. Without sufficient affidavit, Defendants did not meet their initial burden, for Section 2-619 motion to dismiss, of asserting affirmative matter, and Plaintiffs were not required to provide counter-affidavit. (FITZGERALD SMITH and HOWSE, concurring.)