Perez v. Staples Contract & Commercial LLC

Federal 7th Circuit Court
Civil Court
Illinois Jury Act
Citation
Case Number: 
No. 21-2601
Decision Date: 
April 14, 2022
Federal District: 
N.D. Ill., E. Div.
Holding: 
Affirmed

Dist. Ct. did not err in granting defendant-employer’s motion for summary judgment in plaintiff-employee’s action alleging that defendant violated Illinois Jury Act and Illinois Whistleblower Act, when it terminated him because he had participated as juror in four-day trial, and for protesting defendant’s sale of detergent to New York customer under circumstances where State of New York had banned sales of said detergent. Dist. Ct. had diversity jurisdiction over instant case where sole member of defendant’s limited liability company was incorporated in Delaware and had principal place of business in Massachusetts, while plaintiff was domiciled in Illinois. Moreover, with respect to plaintiff’s Illinois Jury Act claim, plaintiff failed to show that his jury service was cause of his termination, where: (1) record supported defendant’s explanation that plaintiff was terminated for failure to meet certain sales goals; and (2) plaintiff failed to show any connection between his four days of jury service and end of his employment. Also, plaintiff could not support his pretext claim through contention that his co-worker had similar sales history, where McDonnell Douglas burden shifting framework does not apply to plaintiff’s common-law retaliatory discharge claim under Illinois law. Too, plaintiff could not proceed on his Illinois Whistleblower Act claim, where protected conduct, i.e. complaint about violation of New York law, did not pertain to violation of clear mandate of Illinois public policy, where Illinois allowed sale of said detergent.