Plaintiff was terminated for being tardy, when he arrived at work late after having responded to fire call as a volunteer firefighter for local fire protection district. Court properly granted summary judgment for Defendant on Plaintiff's retaliatory discharge complaint, alleging that he was discharged by private employer in retaliation for engaging in activity protected by Volunteer Emergency Worker Job Protection Act. Because Plaintiff received more than $240 in monetary compensation from fire protection district, in each of his 5 years, Plaintiff was not statutorily protected from retaliatory discharge by Section 5 of Volunteer Act. Court properly dismissed Count II of Plaintiff's complaint, because specific form of retaliatory discharge alleged sounds in the Volunteer Act and not the common law.(HOLDRIDGE, specially concurring; WRIGHT, concurring in part and dissenting in part.)
Illinois Appellate Court
Civil Court
Retaliatory Discharge