Lusk v. Unckrich Corp.

Illinois Appellate Court
Civil Court
Personal Jurisdiction
Citation
Case Number: 
2021 IL App (5th) 200368
Decision Date: 
Thursday, June 24, 2021
District: 
5th Dist.
Division/County: 
St. Clair Co.
Holding: 
Affirmed.
Justice: 
VAUGHAN

Interlocutory appeal from order denying Defendant's motion to dismiss for lack of personal jurisdiction in a retaliatory discharge action. Parties disagree on where Plaintiff was located at time of termination. Plaintiff was, on 7/19/19 when he was at Defendant's home office in Missouri, at most forewarned that termination would occur once he completed a job on 7/23/19. However, Plaintiff must have remained an employee of Defendant's to complete work on its behalf. Thus, he was not actually terminated on 7/19/19, but was terminated during a phone call from Defendant's sale manager on 7/23/19, while Plaintiff was in Illinois. Thus, as the tort occurred in Illinois, Defendant has the requisite minimum contacts with Illinois. There is little burden imposed on Defendant to litigate in Illinois, as its home office is 35 miles from the St. Clair County Courthouse, and it services customers in Illinois, and Illinois has a strong interest in advancing the policy of compensation for victims of torts occurring in Illinois. (WELCH and MOORE, concurring.)