Ball v. Chicago White Sox, Ltd.
2025 IL App (1st) 230949
| Ill. App. Ct. | 2025Background
- Brian Ball worked for the Chicago White Sox as an athletic trainer for over 20 years, ultimately becoming head trainer.
- In October 2020, Ball was terminated and told it was because he did not "fit in" with the organization's plans.
- The White Sox offered Ball a severance agreement, which included a broad waiver of claims, including under the Illinois Human Rights Act, in exchange for pay and benefits.
- Ball signed the agreement, believing the proffered reason, but later learned from another management employee that he was terminated due to his sexual orientation.
- After learning the true reason, Ball sued for discrimination; the trial court dismissed the case, holding the waiver barred his claim.
- On appeal, Ball argued the waiver was procured by fraudulent misrepresentation, and thus not enforceable.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Enforceability of Waiver/Release | Was not knowing/voluntary due to fraudulent concealment | Waiver is broad and bars all claims | Waiver is invalid if procured by fraud; Ball plausibly alleges fraud |
| Burden on Motion to Dismiss | Court improperly put burden on Ball | Ball did not meet evidentiary standard to set aside waiver | Burden should remain on moving party at dismissal stage |
| Fraudulent Concealment as Affirmative Defense | White Sox misrepresented basis for termination | No duty to state reason; even if so, Ball ratified by accepting benefits | Fraud sufficient to preclude dismissal at motion stage |
| Ratification of Defective Agreement | Retained benefits due to necessity, not as ratification | Ball ratified waiver by accepting severance after learning real reason | Issue of fact, not resolvable on motion to dismiss |
Key Cases Cited
- Porter v. Decatur Memorial Hospital, 227 Ill. 2d 343 (Section 2-619 motion concedes well-pleaded facts; plaintiff gets benefit of reasonable inferences)
- Ferguson v. City of Chicago, 213 Ill. 2d 94 (Section 2-619 dismissal must be granted only when no set of facts entitle recovery)
- Harris v. Walker, 119 Ill. 2d 542 (Waivers strictly construed against drafter)
- Kedzie & 103rd Currency Exchange, Inc. v. Hodge, 156 Ill. 2d 112 (Burden shifts only after defendant establishes affirmative matter)
- Alexander v. Gardner-Denver Co., 415 U.S. 36 (Waivers of anti-discrimination rights must be knowing and voluntary)
- Johnson v. George J. Ball, Inc., 248 Ill. App. 3d 859 (Misrepresentation can invalidate agreement)