Conservatory worker's claim fails to uproot employment-at-will doctrine

Illinois, like almost every other state, adheres to the centuries- old doctrine of employment at will, which means that either an employer or an employee may terminate their relationship at any time, without notice and without reason. However, an employer's ability to terminate someone is constrained by certain statutory limits, including the provisions of Title VII of the Civil Rights Act of 1964 and other federal, state, and local nondiscrimination laws. In addition, for about 40 years now, Illinois courts have recognized a common-law tort claim of retaliatory discharge as another exception to employment at will. (A tort is a wrongful act or personal injury.)

A recent decision by the Illinois Appellate Court reinforces the narrow scope of retaliatory discharge claims.

Seeds of discontent

Lauren Gonzales, who is Hispanic, worked as a receptionist for Garfield Park Conservatory Alliance (GPCA). Her job was to sit at the front desk of the conservatory in Chicago's Garfield Park and greet visitors. According to Gonzales, a security guard was stationed in the lobby, but only about half the time. She claimed she was alone on duty with no security guard on March 31, 2017, when a visitor approached her aggressively and stated, "I am from the Trump administration, and this is your last day." She said she felt "incredibly threatened."