Prorok v. Winnebago County

Illinois Appellate Court
Civil Court
Wage Payment and Collection Act
Citation
Case Number: 
2017 IL App (2d) 161032
Decision Date: 
Wednesday, December 20, 2017
District: 
2d Dist.
Division/County: 
Winnebago Co.
Holding: 
Reversed and remanded.
Justice: 
HUTCHINSON

Plaintiff, an Assistant State’s Attorney for 29 years, filed complaint under Wage Act for compensation for 526 hours of accrued and unused vacation time.  A claim for back pay against a public employer under the Illinois Wage Payment and Collection Act is not subject to the 1-year limitations period in Tort Immunity Act. Gravamen of Plaintiff’s complaint rested on County’s alleged nonperformance of a contractual obligation, as his claim arose from his claim for wages for work Plaintiff already performed, and that claim arose from his employment with the County, which was essentially a contractual relationship. The 10-year limitations period of claims arising under Wage Act applies to Plaintiff’s claims, and thus Plaintiff’s complaint was timely filed.  (McLAREN and JORGENSEN, concurring.)