2/8/08
A recent decision by the Seventh Circuit Court of Appeals serves as a reminder to employers that Illinois common law prohibits discharge in retaliation for reporting dangerous or illegal activities at work. Robinson v. Alter Barge Line Inc. Generally, absent an employment contract, employers are free to fire employees for any reason other than discrimination or retaliation for exercising statutory rights. However, Illinois courts, like those of most states, have created an exception to the "employment at will" doctrine for cases in which an employee is fired for reporting dangerous or illegal activities at work.
Robinson, a deckhand for a Mississippi River barge line, claimed that his employer fired him for reporting that crew members were using illegal drugs while on duty. Robinson reported this illegal activity on three occasions. Shortly after his third report, the employer terminated his employment.
In Robinson, the court held that the retaliatory discharge claim under Illinois common law could go forward because, if the allegations in Robinson's complaint were true, they constituted a "precise description" of retaliatory discharge for reporting dangerous or illegal activities at work.
Before discharging an employee who has previously reported illegal or dangerous activity in the workplace, an employer should carefully consider whether the discharge might later be construed as retaliation. If there is any doubt, the employer should proceed with caution and consult with legal counsel regarding ways to minimize potential liability.
