On April 14, 2022, the Seventh Circuit affirmed the entry of summary judgment on claims under the Illinois Whistleblower Act and Illinois Jury Act, concluding that the plaintiff was not terminated for engaging in protected activity. The case is Perez v. Staples Contract & Commercial LLC, No. 21-cv-2601.
Background
Plaintiff, a sales representative, was placed on an associate success plan (the “Plan”) in March 2016, after his performance continued to fall below expectations. In May 2016, after the Plan had commenced, plaintiff was summoned for jury duty in Illinois state court.
Separately, in early 2016, Plaintiff allegedly refused to participate in the sale of a laundry detergent product to a client based in New York after learning that the sale of the particular detergent was prohibited under New York law due to its chemical makeup. The sale of the product was not prohibited under Illinois law.
Plaintiff’s employment was terminated on June 10, 2016, based on his purported failure to meet performance expectations under the Plan. Plaintiff filed suit in Illinois state court alleging claims of retaliation in violation of the Illinois Jury Act and Illinois Whistleblower Act. Specifically, Plaintiff alleged his employment was terminated because he served on a jury and refused to participate in the laundry detergent sale. Defendant removed the case to the U.S. District Court for the Northern District of Illinois and the district court granted summary judgment for the...
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