Ill. App. Ct. decision confirms right of at-will employer to change compensation unilaterally; rejects retaliatory discharge claim

In Geary v. Telular Corp. (Ill. App. June 26, 2003), the court held the employer had the right to change unilaterally the plaintiff’s compensation plan for commissioned sales because plaintiff was an employee at-will. More broadly, the court stated: “When an employment agreement is terminable at will, it may be modified by the employer as a condition of its continuance.”

The court also held there could be no wrongful discharge claim under Illinois law where the plaintiff alleged a discharge in retaliation for complaints of unpaid wages.

But there CAN be a claim of wrongful discharge under The Illinois Elder Abuse and Neglect Act for employees fired for investigating and reporting criminal conduct of fellow employee to authorities: King v. Senior Services Associates, Inc. (Ill. App. June

30, 2003)

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