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.)
Illinois Appellate Court
Civil Court
Wage Payment and Collection Act