Kelsay v. Motorola, Inc.

74 Ill. 2d 172, 23 Ill. Dec. 559, 384 N.E.2d 353 (1978)

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Kelsay v. Motorola, Inc.

Illinois Supreme Court
74 Ill. 2d 172, 23 Ill. Dec. 559, 384 N.E.2d 353 (1978)

  • Written by Abby Roughton, JD

Facts

Marilyn Jo Kelsay (plaintiff) was an at-will employee of Motorola, Inc. (defendant). In the early 1970s, Motorola fired Kelsay after Kelsay filed a workers’-compensation claim for a work-connected injury. Kelsay sued Motorola in Illinois state court, seeking damages for retaliatory discharge. At trial, the court directed a verdict in Kelsay’s favor, and the jury awarded damages including punitive damages of $25,000. The state appellate court reversed the judgment, holding that an employee does not have a retaliatory-discharge cause of action against an employer. The Illinois Supreme Court subsequently reviewed the case. On appeal, Motorola argued that although the Illinois legislature had amended the state’s workers’-compensation statute in 1975 and made it unlawful for employers to interfere with employees’ exercise of their rights to seek workers’-compensation benefits, the amendment occurred after Kelsay was fired. Motorola argued that in the absence of a statutory provision prohibiting retaliatory discharge, Motorola had the absolute right to terminate Kelsay because she was an at-will employee.

Rule of Law

Issue

Holding and Reasoning (Ryan, J.)

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Casebooks

Employment Law

Key Terms

  • Punitive DamagesDamages awarded to the plaintiff over and above just compensation in order to punish the defendant and serve as a deterrent.
  • At-Will EmploymentEmployment with no specified term that may be terminated at the will of either party by providing notice to the other party.
  • Cause of ActionA set of facts that allows a party to seek remedies from another party.
  • Workers' CompensationA form of insurance, established through statute, that provides benefits including wage replacement and payment for medical expenses to employees who are injured in the course of employment. In exchange for these benefits, the employee must give up the right to sue his employer for negligence.
  • Retaliatory DischargeThe discharge of an employee that is based on the employee’s participation in protected activity.

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