Long v. Tazewell/Pekin Consolidated Communications Center

602 N.E.2d 856, 236 Ill. App. 3d 967, 176 Ill. Dec. 910, 1992 Ill. App. LEXIS 1714
CourtAppellate Court of Illinois
DecidedOctober 22, 1992
Docket3-91-0895
StatusPublished
Cited by6 cases

This text of 602 N.E.2d 856 (Long v. Tazewell/Pekin Consolidated Communications Center) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Long v. Tazewell/Pekin Consolidated Communications Center, 602 N.E.2d 856, 236 Ill. App. 3d 967, 176 Ill. Dec. 910, 1992 Ill. App. LEXIS 1714 (Ill. Ct. App. 1992).

Opinion

PRESIDING JUSTICE BARRY

delivered the opinion of the court:

Plaintiff, Patricia Long, appeals a second time from the dismissal of her complaint for wrongful termination of employment by defendant Tazewell/Pekin Consolidated Communications Center (T/P CCC), a not-for-profit, joint public safety corporation of the City of Pekin and the County of Tazewell. Plaintiff sought damages and reinstatement to her position as a telecommunications operator/police dispatcher. In addition to her employer, the city and the county, plaintiff named as defendants four individual directors of the not-for-profit corporation.

Defendants initially jointly moved to dismiss the complaint on the ground that plaintiff was an at-will employee without contractual rights. The circuit court of Tazewell County granted defendants’ motion, and that ruling was reversed on appeal to this court. (Long v. Tazewell/Pekin Consolidated Communication Center (1991), 215 Ill. App. 3d 134, 574 N.E.2d 1191.) On remand, defendants jointly moved for summary judgment and for dismissal of the complaint on the ground of laches. After a hearing, the court granted defendants’ motion to dismiss, and plaintiff brought this appeal. For reasons that follow, we reverse.

According to the allegations' in her complaint, plaintiff was employed by T/P CCC from January 1979 until her termination on September 13, 1988. Reasons given for her discharge included: (1) sleeping on duty; (2) failing to dispatch a call; (3) unprofessional conduct; (4) failing to maintain a home telephone; and (5) improper interdepartmental communications. On September 16, 1988, plaintiff appealed her termination pursuant to the T/P CCC employee manual of rules and regulations. Her appeal was heard by the T/P CCC board of directors on October 21, 1988. It was denied on October 24, 1988.

Plaintiff concurrently pursued her right to unemployment compensation, and on October 27, 1988, she received a favorable decision from the referee for the Illinois Department of Employment Security. According to the referee’s decision, plaintiff was terminated for reasons not connected with her work. T/P CCC, in turn, appealed this decision to the Board of Review of the Illinois Department of Employment Security. The Board’s decision was handed down on April 14, 1989, confirming the finding of the referee in favor of plaintiff. Plaintiff filed this complaint for wrongful termination in the circuit court on August 28, 1989.

In its order of dismissal, the court found: (1) that plaintiff’s cause of action accrued on October 24, 1988; (2) that plaintiff’s 10-month delay in filing the complaint was “based upon unrelated, noncontrolling, separate legal issues” and that, therefore, plaintiff had offered no reasonable cause for delay; and (3) that defendant T/P CCC had been prejudiced in fact by the delay. In this appeal, plaintiff takes issue with each of the court’s findings of fact and further argues that the court’s dismissal was an abuse of discretion because defendants did not assert the defense of laches until 23 months after plaintiff’s complaint was filed.

By case law, a six-month per se laches rule has been developed specifically for causes of action such as this seeking reinstatement and back pay following an alleged wrongful termination in the public employment sector. That is, a delay in filing suit of more than six months from the date of discharge is per se unreasonable and will justify time-barring on the ground of laches “unless a reasonable explanation can be given for the delay.” (Radon v. Board of Fire & Police Commissioners (1964), 45 Ill. App. 2d 425, 430, 195 N.E.2d 751, 754.) Application of the rule, as most recently summarized in Coleman v. O’Grady (1990), 207 Ill. App. 3d 43, 565 N.E.2d 253, requires a two-pronged analysis addressing first, whether the delay prejudiced the employer, and second, whether plaintiff has shown a reasonable excuse for the delay. Generally, prejudice to the public employer will be found where the employer would have to pay both a replacement worker’s salary and a successful plaintiff’s back wages during the period of delay. However, notwithstanding such inherent prejudice to the public' employer, a discharged plaintiff may nonetheless prevail in the face of a laches defense if the plaintiff shows a valid excuse for the delayed court action.

Initially, we do not find convincing plaintiff’s argument that she did not become aware of the facts upon which her cause of action was based until April 14, 1989. The facts upon which plaintiff relied in her pursuit of unemployment compensation benefits were essentially the same as those needed to pursue this suit for wrongful termination. On October 27, 1988, plaintiff learned that she had successfully presented her position to the unemployment compensation referee. The only additional fact that plaintiff gleaned on April 14, 1989, was that the referee’s determination was upheld on appeal. The decision of the Board of Review reciting its rationale did not add any crucial fact needed to pursue the instant cause of action. Plaintiff may not have known the legal sufficiency of the facts within her knowledge, but she cannot seriously deny that she had adequate notice of the grounds being alleged by her employer for her discharge and the procedural context of her termination on October 24, 1988. Thus, we find no error in the circuit court’s factual determination that plaintiff’s cause of action accrued on October 24, 1988, when her appeal before the T/P CCC board of directors was denied.

Similarly, with respect to the issue of prejudice to the public employer defendant, we hold that the circuit court was not in error. Plaintiff does not dispute that defendants hired a replacement for her position on October 30, 1988, within a week of the decision of the board of directors upholding plaintiff’s discharge. Given the public safety nature of plaintiff’s position, defendants cannot be faulted for their prompt hiring of a replacement, and the fact that they have done so is sufficient to establish prejudice.

This leads us to the second prong of the laches analysis — whether, notwithstanding prejudice to the employer, plaintiff’s excuse for the 10-month delay in bringing suit is nonetheless sufficient to avoid dismissal on the equitable ground of laches. Defendants argue, and the circuit court reasoned, that plaintiff’s unemployment compensation was not “related, controlling litigation” of the legal issues underlying the complaint for wrongful termination. Such was the basis upon which the court in People ex rel. Casey v. Health & Hospitals Governing Comm’n (1977), 69 Ill. 2d 108, 370 N.E.2d 499, determined that the delay in that case was excusable.

In Casey, plaintiffs brought their suit for reinstatement as hospital employees 23 months after they were terminated pursuant to a mandatory retirement policy. In another, prior action other institutional employees had challenged the compulsory retirement program.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Lashever v. Zion-Benton Township High School
2014 IL App (2d) 130947 (Appellate Court of Illinois, 2014)
Bill v. BOARD OF EDUC. OF SCHOOL DIST. 99
812 N.E.2d 604 (Appellate Court of Illinois, 2004)
Rudolph v. State
53 Ill. Ct. Cl. 58 (Court of Claims of Illinois, 2000)
Summers v. Village of Durand
643 N.E.2d 272 (Appellate Court of Illinois, 1994)

Cite This Page — Counsel Stack

Bluebook (online)
602 N.E.2d 856, 236 Ill. App. 3d 967, 176 Ill. Dec. 910, 1992 Ill. App. LEXIS 1714, Counsel Stack Legal Research, https://law.counselstack.com/opinion/long-v-tazewellpekin-consolidated-communications-center-illappct-1992.