IL Supreme Court confirms retaliatory discharge applies only to at-will employees

More than 40 years ago, the Illinois Supreme Court first recognized the tort (wrongful act) of retaliatory discharge as an exception to the general rule that an “at-will” employee is terminable at any time and for any or no cause. Now, the court for the first time has confirmed such claims don’t cover the nonrenewal of a fixed-term contract.

Naper-thrill

In a previous article, we told you about Mary Rehfield, who was employed by the Diocese of Joliet as principal of St. Raphael Catholic School in Naperville, Illinois (see “Court cannot comment on conflict, including Catholic clergy-principal’s sacking” in our March 2020 issue). The school is operated by St. Raphael Parish, an agent of the diocese. The principal reported to Father Daniel Bachner, an ordained Roman Catholic priest and the parish’s pastor.

Upon her hire in 2012 and each year thereafter, Rehfield and the diocese entered into one-year employment contracts. She consistently received good performance reviews. In the 2016-17 school year, she was nominated as “outstanding principal of the year.”

In January 2016, a teacher at the school was contacted by a student’s mother, who complained her child was being bullied. Although the teacher addressed the issue and believed it was resolved, shortly thereafter the teacher received an e-mail from the same student’s father, William MacKinnon, reiterating his child must not be bullied. The teacher found the e-mail rude in tone, although not threatening. She notified Rehfield of the e-mail, who in turn informed Father Bachner.